Celebrating Scotland's solicitors

It was after World War II that the idea of a general regulatory council for solicitors was revitalised and, just one year after the creation of the National Health Service, the Legal Aid and Solicitors (Scotland) Act 1949 was passed. The new legislation saw the creation of the Law Society of Scotland and introduced legal aid for those who could not afford to pay for the advice and representation they needed.

The Society and the legal profession have gone through significant changes in the intervening decades.

In 1949 there were just over 3,000 Scottish solicitors – compare that to today’s 13,000 practising members and the record numbers of trainee solicitors in recent years. The profession has evolved to meet the needs of a changing and growing legal market. In the past most solicitors worked in high street firms but now many more work in larger, commercial and cross-border firms. There are also rising numbers of in-house solicitors working in local and national government as well as across public and private sector organisations. The knowledge and expertise that solicitors bring to their roles is highly valued and not just at home. Increasingly, Scottish solicitors are working across the globe – more than 550 of our members are currently working overseas, from Europe to the US and Australia.

Traditionally, the profession was predominantly male, with the first women admitted as late as 1921 and pioneering women such as Madge Easton Anderson opening the door to many. Our latest stats show that 56% of Scottish solicitors are women and our projections suggest this will grow. Our membership today is more representative of wider Scottish society with solicitors coming from all of Scotland’s communities. We do a lot of work to understand the make-up of the profession via data gathering every second practising certificate renewal and via Profile of the Profession. Over the last five years we’ve led a huge programme of work to promote racial inclusion, eradicate bullying and harassment, close the gender pay gap, and improve the experience of disabled solicitors and LGBTQ+ solicitors, among other work.

Numerous legislative reforms have directly impacted the profession and have also driven change. This includes the Solicitors (Scotland) Act 1980, which remains the main piece of legislation governing the profession today. In 1985 scale fees were abolished and price competition began, and for the first time Scottish solicitors were allowed to advertise their services. In 1990 the Law Reform (Miscellaneous Provisions) (Scotland) Act created solicitor advocates who were allowed to appear in the higher courts. And, of course, the Scotland Act 1998 saw a Scottish Parliament in Edinburgh in 1999, with powers to pass legislation in the devolved areas of law. In the new century the Legal Profession and Legal Aid (Scotland) Act 2007 created the Scottish Legal Complaints Commission and in 2010 the Legal Services (Scotland) Act allowed for the regulation of legal businesses that could be owned by non-solicitors.

We anticipate further change for the Law Society and members resulting from proposals in two current Scottish Parliament Bills – the Victims, Witnesses and Justice Reform (Scotland) Bill, which could radically alter our criminal justice system, and the Regulation of Legal Services (Scotland) Bill, which aims to modernise the current regulatory structure. Despite significant concerns we have had about proposals for Ministerial powers in the current Bill, the need for regulation that better protects consumers while allowing for more flexibility and opportunity for the legal sector to thrive remains.

Of course, no retrospective look at the Scottish legal profession would be complete without acknowledgement of the impact of the digital revolution, enabling us to work faster and smarter. Latterly, the pandemic put our systems to the test and once again the profession proved itself to be flexible and innovative.

Throughout the years and the many changes, we have been hugely proud to support Scottish solicitors. As we enter our 75th anniversary year, the Society will keep evolving to meet the needs of our members, while ensuring the solicitor profession in Scotland is one in which standards remain high, client satisfaction is strong and the international reputation of the profession endures.

Regardless of the changes in the law, the profession and the legal sector, what remains constant is the deep knowledge, hard work and commitment of our members.

And this is what we want to celebrate and commemorate throughout 2024.

To mark our 75th anniversary we’ll be asking you, our members, to get involved, to share your stories and experiences and to tell us what makes you value being a Scottish solicitor. We’ll also be asking our members about the biggest influences in their careers and on the wider profession, or what piece of legislation or legal case has been most transformative.

Whether you are a trainee, newly qualified, well established in your career, or one of our associate members or Fellows, we are keen to hear from you. Get in touch at comms@lawscot.org.uk

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