Laying down law

I would like to clarify points made in the article entitled “Dishonest lawyers ‘still getting legal aid funds’” (15 January).

It is not correct to say that “33 solicitors barred from working are billing the taxpayer”.

The solicitors referred to are part of a BBC documentary which has raised concerns about solicitors who have had findings of professional misconduct against them and are on the legal aid register.

The Law Society has a duty to investigate conduct complaints against solicitors and can prosecute misconduct cases before the Scottish Solicitors’ Discipline Tribunal (SSDT). This is an independent body which decides what action should be taken against a solicitor found guilty of misconduct, whether that be a fine, censure, restriction, suspension or strike-off.

The solicitors referred to would have been investigated by the Law Society and found guilty of misconduct by the SSDT. It was the decision of the SSDT not to strike-off. The Law Society investigates and prosecutes; the SSDT decides.

Secondly, the Scottish Legal Aid Board is responsible for the register of legal aid practitioners and has the power to remove solicitors if necessary.

I would also like to point out that the Law Society of Scotland deals only with conduct complaints against solicitors. The Scottish Legal Complaints Commission is an independent organisation which acts as the gateway for all legal complaints and has the power to investigate service complaints against solicitors and advocates. It refers all conduct matters concerning solicitors to the Law Society for investigation.

We take our regulatory responsibilities extremely seriously and will continue to work hard to maintain the high standards and professionalism expected of Scottish solicitors.

Carole Ford

Non solicitor convener

Law Society of Scotland Regulatory Committee