AUSTIN LAFFERTY There is nothing wrong with reassessing the structure of the legal profession in Scotland. Although as a seasoned practitioner of some 30 years I don't consider it is broke, like the proverbial roof in the sunshine, there is always some fixing that can sensibly be done. And as the world moves on and changes (exponentially at the moment), there is always pressure to keep the structure of our legal system developing. The worst thing would be complacency.
AUSTIN LAFFERTY
There is nothing wrong with reassessing the structure of the legal profession in Scotland. Although as a seasoned practitioner of some 30 years I don't consider it is broke, like the proverbial roof in the sunshine, there is always some fixing that can sensibly be done. And as the world moves on and changes (exponentially at the moment), there is always pressure to keep the structure of our legal system developing. The worst thing would be complacency.
A caveat - the Scottish Government's various reactions and the current consultation paper come partly at least from the Which? supercomplaint on the provision of legal services. It should be remembered that the supercomplaint and its proponents have failed to show any evidence of dissatisfaction in the general public with the legal profession. Sure, there are always stories of negligent lawyers (and doctors, politicians and the rest) but no fundamental failure. Also, the interests of the consumer and the interests of the public are not always or necessarily the same thing. Cost and speed are not always consistent with efficacy and indeed justice.
The consultation correctly identifies the issues and makes some excellent preliminary points. Its regulatory objectives - including access to justice, protecting the public interest, maintaining adherence to professional principles, are all welcome, and they seek to enshrine the core principles that already exist - in particular the independence of solicitors and their duty to act in the best interests of clients. This is important if law firms can be bought over or have capital injected by non-lawyers, who might wish to call the tune. A corporate investor should not be allowed to influence the advice given by a solicitor to a client or the conduct of a case.
The Tesco law future throws up a range of scenarios, most of which involve dilution of firm ownership by solicitors alone. The trick will be to recreate the legal profession for the 21st century, while retaining the best of the old values. Whether it is solicitors combining with advocates, solicitors combining with professionals such as surveyors and accountants, foreign and overseas lawyers, or just floating to get City money in, it is to be fervently hoped that the brand and tradition of the solicitor will not be sullied or diminished in the process.
- Austin Lafferty is a solicitor, and a council member of the Law Society of Scotland but is writing in a personal professional capacity.
