Law Society joins international call for protection of lawyers’ independence following Scottish Government reform proposal risks

The Law Society of Scotland has signed up to an international declaration on protecting the independence of the judiciary and the legal profession. The move follows the organisation’s warnings about new proposals to reform regulation of legal services, which could see unprecedented direct intervention from Scottish Government ministers in its regulatory work, seriously risking the independence of the legal profession.

The Commonwealth Lawyers Association (CLA) unanimously adopted the Commonwealth Law Conference 2023 Goa Declaration on preserving and strengthening the independence of the judiciary and on securing the independence of the legal profession.

The declaration, signed by bar association and law society leaders from 40 Commonwealth countries, sets out that the independence and impartiality of the judiciary must be upheld and protected by governments. It also states that lawyers must be ‘free to perform all their professional duties without threats, intimidation, hindrance, harassment or improper interference or influence’.

A section of the declaration specifies that states must ‘refrain from taking any action, including adopting legislation, that may interfere with the independence of lawyers and their professional associations’.

Murray Etherington, President of the Law Society of Scotland, said: “The declaration emphasises just how important an independent judiciary is to the rule of law and the essential role of the legal profession in a democracy.

“The declaration is particularly significant for us given the recent introduction of a Bill in the Scottish Parliament which we believe puts the independence of Scotland’s legal profession at real risk.

“As stated in the new declaration, one of the most important roles of the legal sector is to challenge government on behalf of clients and hold it to account. The proposed new power allowing Scottish Ministers to intervene directly in regulation undermines the fundamental principle of having a legal profession which is independent from the state. Not only that, it would also diminish our international standing.

“It’s striking that even in a mature democracy like ours, there is a need to reassert this. We will do everything in our power to make sure that the independence of the profession is not jeopardised by the Bill’s proposals.”

The Regulation of Legal Services (Scotland) Bill will see the Law Society continue as the regulator of Scottish solicitors, with additional powers to act to protect the public interest. Changes are also proposed to the complaints system to make it simpler and quicker.

Murray Etherington added: “We have pressed for several years for new legislation which would modernise the current regulatory system. There is still an opportunity to use this Bill as a catalyst for real, positive and long-lasting change. Maintaining professional standards and protecting clients is some of the Law Society’s most important public interest work.

“We think the Bill could go even further than is currently proposed, especially in terms of how our complaints are handled, so cases are dealt with more quickly for the benefit of all involved.”