Consumer fears as Law Society pleads to Holyrood Justice Committee for more ‘closed shop regulation’ of legal services in Scotland

Scottish Parliament will hear pleas from lawyer to continue regulating themselves. THE JUSTICE COMMITTEE of the Scottish Parliament will tomorrow, Tuesday 15th December, hear pleas from the Law Society of Scotland to be allowed to continue in its role as self regulator of the lion’s share of legal services in Scotland, despite the fact that for well over three decades now, self regulation of Scotland’s 10,000 solicitors by the Law Society of Scotland has led to the lowest standards of legal services in the western world, and the highest number of complaints made against its member solicitors, many involving serious issues of fraud, dishonesty, and almost endemic negligence from many solicitors & legal firms who promote themselves as some of the ‘most respected’ in Scotland's legal services marketplace.

The Legal Services Bill, currently being considered by the Scottish Parliament’s Justice Committee, is an attempt to widen public access to justice in Scotland, and also allow legal firms to draw in outside investment, hence the term ‘alternative business structures’, used by the legal profession to placate its desire for more money, but very much less by way of any improvements for consumer protections, which of courses the Law Society of Scotland wishes to keep control of for itself.

You can read my previous reports on the Legal Services Bill, once called the ‘Legal Profession Bill’ by the Scottish Government but changed after some smart-eyed civil servant thought it sounded too ‘pro-the-lawyers’, here : Legal Services Bill for Scotland - an attempt at access to justice, or simply to give lawyers more control over justice ?

Law Society President, Ian Smart claims the Law Society must maintain regulation to protect its members. The Law Society of Scotland’s current President Ian Smart said today in a relatively unremarkable Press Release that : “The bill is set to reform how legal services can be delivered in Scotland and help provide the means for lawyers to modernise their businesses to meet the needs of their clients. Overall the Society is in agreement with the aims of the bill but we have identified key areas of concern and recommended a number of amendments.”

Mr Smart stated the Law Society’s priorities are :

* A robust regulatory system is put in place to provide strong consumer protections and ensure that high standards are maintained among those delivering legal services. (something the Law Society has never managed since 1947)

* Independence of the legal profession from government must be maintained. (Surely this is in no doubt.)

* A level playing field is required for those in the legal services market, whether as a legal services provider or as a regulator. (level playing fields also have to include consumers, of which the Law Society seems to have forgotten about once again)

* Access to justice must not be hindered. (rich, coming from Mr Smart, given the fact the Law Society of Scotland is the greatest hindrance of the public’s access to justice)

Former Law Society Chief Douglas Mill’s policy to protect consumers was to wipe out their claims and write secret memos against their complaints, featured in a Herald newspaper expose. What consumer protections is Mr Smart actually talking about ? There is no such thing as consumer protection against ‘crooked lawyers’ in Scotland, where up to 5,000 plus complaints are made each year against Scotland’s less than 10,000 solicitors (in one year the figure was as high as 8,000 complaints) and many complaints involving allegations of theft, embezzlement, fraud, dishonesty and negligence, never see full compensation paid to clients who have to engage the Law Society for years in letters while the solicitor who ripped them off gets away with a Law Society slap on the wrist. You can read a previous report I did on the ‘consumer protections’ currently on offer by the Legal Services Bill, here : Legal Services Bill promises nightmare complaints scenario for consumers as Law Society campaigns to control regulation over ‘Tesco Law’ reform

Ex Law Society Chief Douglas Mill’s grilling by an earlier Justice Committee on consumer protections & poor Law Society regulation left Scots in no doubt the legal profession is rotten to the core.

Ian Smart just couldn’t resist pressing on with the Law Society’s tired line on regulation and how to maintain control over it, going onto comment : “Maintaining regulation, representation and professional support within one organisation means the Society can be an effective membership organisation for Scotland's 10,000 solicitors, as it acts for a group that is effectively regulated.”

He continued : “We also have to bear in mind that Scotland is a distinct legal jurisdiction with a relatively small and scattered population. This, among the many other considerations, must be taken into account to avoid any unnecessary bureaucratic or financial burden. We look forward to engaging with the profession, Scottish Government, the Parliament and other interested groups in the future development of legal services in Scotland.”

Scotland is a distinct legal jurisdiction only because you keep it that way, Mr Smart. Scotland is a distinct legal jurisdiction which does not allow its people unhindered access to justice and access to the courts, simply because the Law Society of Scotland forces anyone who requires access to justice to use the services of an expensive solicitor who is also a member of the Law Society of Scotland.

How much of an unnecessary bureaucratic or financial burden would it be to allow Scots a voice in the justice system instead of going through one of your colleagues, Mr Smart ? Surely it would be worth it, considering the huge fee notes, many of which are fraudulent these days, that are being handed out by law firms to clients just to make up the profits in these dire financial times …

A spokesman for one of Scotland’s consumer organisations today expressed dismay at the Law Society’s attitude towards the Legal Services Bill, claiming the Law Society ‘was seeking to control the entire debate on access to justice and maintain control over regulation’.

He said : “We have heard all this before from the Law Society when it comes to making any changes to consumer access to legal services in Scotland, however small they may be. The Law Society comes out claiming the house will fall down if it is not allowed to regulate the legal services market and enforce some kind of fantastic standard of service provided by legal practitioners which frankly does not exist if the views of consumers are to be taken into account.”

He continued : “However, I detect a hint of worry in the Law Society’s recent abrupt turn on their attitude towards the debate on alternative business structures, as they clearly feel they are in a much weakened position now that campaigners and consumer groups are consistently tackling the issue of Scotland’s notoriously poor legal services market and the high levels of client complaints.”

“It is to be hoped the Justice Committee will see through the Law Society’s obfuscation of the fact that legal services in Scotland have always been poor, and will always be poor as long as the Law Society has any hand in regulatory matters.”

As an experienced reporter on issues relating to the Law Society of Scotland and regulation of complaints, it is very clear the interests of consumers will only be served by a complete overhaul of regulation of legal services in Scotland, with consumer protection made the first priority, rather than the profession being allowed yet again to maintain the closed shop regulation system which as we have repeatedly seen over the decades, operates a hostile policy towards complaints & disputes between consumers & solicitors.

You can read the Law Society of Scotland’s submission to the Scottish Parliament’s Justice Committee on the Legal Services Bill, here : Law Society of Scotland evidence on Legal Services Bill (pdf) and you will be able to watch the live stream of evidence given by the Law Society representatives at the Justice Committee, tomorrow, by selecting the Justice Committee live video stream on the main page, here : Holyrood TV