Solicitor calls for vote on Law Society split

Published on Monday 7 December 2009 22:10

THE body that represents Scotland's lawyers is facing a damaging split, with calls for a referendum among solicitors to form a breakaway "trade union".

The Law Society of Scotland is currently undergoing the biggest shake-up in its 60-year history, with a new constitution set to be adopted. The society's powers to "police" the industry could also be radically altered by reforms being put forward by justice secretary Kenny MacAskill.

Now senior legal figures are campaigning for a new body to be set up to represent solicitors, separate from the Law Society.

John McGovern, the newly elected president of Glasgow Bar Association, has called for a full referendum of all solicitors to determine whether the Law Society should continue in its representative role.

"I am now of the view that, if solicitors are to have any control over their profession in the future, there has to be a Solicitors' Representative Association, independent of the Law Society," he said.

"I call upon the Law Society to allow a referendum of all Law Society of Scotland members – a true referendum: one solicitor, one vote, secret ballot, no proxies and no three-line whips from the big commercial law firms."

Mr McGovern went on: "The question? Should representation of the solicitors' profession be independent of the Law Society of Scotland?"

Mr McGovern claims that the legal profession has been "downgraded" since devolution and solicitors need a more active organisation to voice their concerns. He also claims the new Legal Services Bill being brought forward by Mr MacAskill will allow government ministers to appoint members of the Law Society's ruling council – diluting the influence of solicitors.

He said the society would effectively be put into "semi-retirement" if the bill was approved.

He said: "In its 60th year, the Law Society has been forced into semi-retirement, literally a 'consultant' to its own governing council, having granted a power of attorney to the public and the Scottish ministers."

The Law Society of Scotland last night said a referendum of members could go ahead if there was enough demand.

A spokeswoman said: "If a sufficient number of members place a requisition for a referendum to take place, then the society would present that to all 10,000 members."

Ian Smart, president of the Law Society, said solicitors would be better served remaining within the current organisation.

He said: "Maintaining regulation and representation within one organisation means the society is better able to represent the best interests of its members, knowing that we are acting for a group that is effectively regulated."

The outspoken comments by Mr McGovern came as MSPs at Holyrood prepared to debate the Legal Services Bill today.

SHAKE-UP STARTS

THE biggest shake-up of the legal profession in 60 years begins its journey through the Scottish Parliament today.

The Legal Services (Scotland) Bill is an attempt by justice secretary Kenny MacAskill to bring the country's legal system into the 21st century.

The main plank of the bill is a loosening of rules around ownership of legal companies, allowing "Tesco-law" firms to be set up – not necessarily owned by lawyers.

Currently in Scotland, only solicitors can own law firms and form partnerships with other solicitors.

Law Society of Scotland president Ian Smart said: "This debate needs the contribution of the entire profession as well as the wider public."