Open letter to the profession on Legal Services Act

Two years ago at the Law Society of Scotland's AGM, members voted to give the Society the mandate to work with Government in framing the Legal Services Act. Over recent months the noise level around the new legislation has increased, with extremist examples of life post ABS taking centre stage.

At some point the real debate as to how we, as a profession, react and deal with change and competition has been lost. We cannot unilaterally resist change. What is needed is the ability to constructively participate in the process to ensure that any change addresses the concerns and needs of the entire profession and its clients, and facilitates competition in the way that legal services are provided to clients.

At the recent referendum on ABS the profession voted to support the introduction of ABS into Scotland "subject to appropriate safeguards". We should now take the opportunity to come together as a profession to agree what those safeguards should be. The Society has proposed that ABS should proceed on the basis that any external ownership is restricted to less than 50%. We believe that to be a sensible and sustainable compromise and one which will allow those firms that wish to avail themselves of ABS to do so whilst preventing majority ownership by external shareholders.

It is vital that we now achieve clarity on this issue to allow the Law Society of Scotland to engage with Government in the final passage of the bill. To vote against ABS would effectively prevent the Society from being able to continue to represent the interests of the profession to Government - putting us in the undesirable position of being without a voice as the most significant piece of legislation to affect the profession in decades moves through the legislative process. The vote could also have very significant ramifications for the size of the profession in Scotland and the future funding of the Society, training and regulation.

The matter will be finally determined at the Society's AGM on 27 May. If you believe that the Law Society of Scotland should be able continue to engage with Government on behalf of the profession as the bill progresses, and agree that retaining majority ownership of law firms by solicitors is a suitable safeguard for the introduction of ABS, please use your vote at the AGM to support this position, as we intend to. If you are unable to attend in person, proxies must be lodged with the Society at least 48 hours prior to the meeting. Christine McLintock and Richard Masters of McGrigors are willing to act as proxy on your behalf. They will be happy to receive either open or closed proxies. Proxy forms can be downloaded at www.mcgrigors.com/proxy and can be lodged either direct with the Society or alternatively sent to Christine at:

McGrigors LLP,
Princes Exchange
Earl Grey Street
EDINBURGH EH3 9AQ

to be received no later than close of business on Monday 24 May.