'Legal reform would leave solicitors open to political bias,' warns expert

Robert Forman claims moves to allow Scottish law firms to be owned by non-lawyers will compromise the independence of solicitors and leave them open to influence by government ministers.

Writing in The Scotsman, Mr Forman, who is a consultant at McKay Norwell and a council member of the Scottish Law Agents Society (SLAS), casts doubt on plans in the Legal Services (Scotland) Bill to introduce alternative business structures (ABS) to the legal market, removing the restriction that currently means only lawyers can own legal firms.

He raises fears about the oversight of the new entities, which will be regulated by a new body – yet to be agreed – that could, ultimately, be answerable to Scottish ministers.

He writes: "SLAS is not against reform per se but is convinced that ABS is a step too far. It is a threat to the centuries old independence of Scotland's solicitors. An essential part of a modern democracy is that the legal profession should be free from state control and outside interference.

"European law backs this position and it should be a matter of great concern that our independence may be lost, not just to the profession but the thousands of members of the public who use our services annually."

Mr Forman adds: "Scots law has retained its independence throughout more than 300 years of the British parliament yet we now we have a Scottish Parliament rushing to turn us in to a type of third-rate legal system of which Robert Mugabe would be proud, its independence compromised under direct control of the Scottish ministers."

Mr Forman's intervention comes as SLAS steps up its call for a special general meeting (SGM) of the Law Society of Scotland intended to call a halt to the momentum of ABS, a reform solicitors, Mr Forman claims, have little appetite for.

Earlier this month, the body, which has the support of the Faculty of Procurators of Dumfriesshire, said lawyers should reconsider the progress of the ABS reforms and seek to have the independence of solicitors given statutory protection.

The group's contention is that the changes were approved by the Law Society AGM thanks to the block proxy voting of a few big firms that are keen to change the way they operate.

A spokeswoman for the Law Society of Scotland said the body's work on ABS' proceeded on the basis of the AGM vote.

"Not to do so would have been extraordinary action which would rightly call the society into question by its members," she said.

"The SLAS is entitled to call an SGM. If the profession changes its, and so the society's, policy on ABS, the society would promote that policy – whether that would result in any change to the progress of the bill through the Scottish Parliament is debatable."

A Scottish Government spokeswoman added: "This government supports the independence of the legal profession and this bill does nothing to undermine it. "