Further reaction to the Office of Fair Trading's report on 'super-complaint'

COMMON sense has prevailed. The OFT believes that current restraints on lawyers in Scotland are unnecessarily restrictive, and I agree with them. Neither the OFT nor Which? is saying that solicitors and advocates should go into business together, or indeed that lawyers and non-lawyers should do so, or that non-lawyers should own legal businesses, and nor am I.

Rather, we are all saying that in each case, if people want to they should be allowed to. The market for legal services should decide where new business structures work better and where they do not. It is all about improving service quality and delivering value. The businesses that best satisfy tomorrow's customer demands will flourish and they should be facilitated to do so.

Interestingly, the OFT has emphasised that regulatory changes should not just superimpose an English solution on Scotland. Rather, it recognises the different scale and demographic of the Scottish market and that it should probably be regulated differently.

The inference is clear that different tiers of regulation, as is being promulgated in England, may well not work best for Scotland. I agree with this. I support regulation of legal services but always in a way that is appropriate. Regulators are facilitators to promote service delivery based upon quality, accessibility and value. They should not become barriers, particularly if on the grounds of jurisdiction not market.

Alan Campbell, Managing Partner, Dundas & Wilson CS LLP

THE most significant change and resultant opportunity for Scotland is the enticing prospect of "alternative business structures" and the injection of external investment into the law firms.

All firms should be allowed to seek external funding and investment or take a stake in mergers and acquisitions, provided that proper safeguards are in place. In today's global market place, law firms should be able to raise money from other sources to build strong, independent and diverse businesses. The Legal Services Bill in England will allow this south of the Border but, unfortunately, the Law Society of Scotland appears to be less than enthusiastic.

Allowing external investment would give Scottish firms the opportunity for effective expansion whilst maintaining professional integrity and practice. I for one would welcome such a change in Scotland.

Malcolm McPherson, Joint Senior Partner, HBJ Gateley Wareing LLP

WE HAVE put a detailed proposal to the Law Society of Scotland for an alternative business structure and we have sent a copy to the cabinet secretary for justice. We are currently having discussions with the Law Society of Scotland with regard to that proposal.

Our aims are very specific. We are not seeking reform that allows third-party control of Scottish legal firms or even external investment in Scottish legal firms.

Turcan Connell is a multi-disciplinary practice with multitalented professionals, and we are seeking a solution that allows non-solicitors to have active participation in the business to which they are so strongly committed. The solution that we propose should also benefit smaller, progressive law firms throughout Scotland. It will allow them to combine with other professionals to provide a joined-up service to local communities.

Douglas Connell, Joint Senior Partner, Turcan Connell

What do you think? Have your say by e-mailing your views to [email protected]