Survey confirms solicitors’ alarm at Scottish Government’s legal regulation plans
A new survey of solicitors has confirmed the depth of concern at the Scottish Government’s proposal to give itself powers to control the regulation of the legal sector.
The Law Society of Scotland’s annual members’ survey, conducted in December 2023 and January 2024, found more than four out of five members were concerned about proposed new ministerial powers in the Regulation of Legal Services (Scotland) Bill.
The Scottish Government has indicated it will be bringing forward amendments to the bill, in response to the widespread outcry from solicitors, advocates, the judiciary, MSPs and elsewhere.
Nearly 1,300 solicitors and trainee solicitors completed an online questionnaire prepared by Taylor McKenzie Research for the annual survey, which also canvassed their views and priorities on issues such as human rights, regulation and legal aid.
Significantly more members have urged the Law Society to promote human rights and the rule of law, with 86 per cent indicating it should be a high or medium priority.
Solicitors remain pessimistic about the future of Scotland’s legal aid system, with fewer than one in 20 respondents believing criminal legal aid is sustainable.
More than 45 per cent of respondents had contacted the Law Society for assistance in the past year, with around four out of five finding their professional body easy to contact and satisfied with the experience.
Law Society of Scotland President Sheila Webster said: “This survey and the depth of concern it confirms among solicitors shows the Scottish Government has made the right call in committing to amend the aspects of this Bill related to ministerial intervention.
“Scottish solicitors recognise the critical importance of maintaining the profession’s independence to ensure the rule of law is upheld. The survey shows they also recognise the importance of complying with their regulatory obligations to safeguard the profession and the public.
“Responses to other questions show our profession is engaged and forward looking, with priority given to a number of issues in the public interest such as upholding human rights and ensuring we have a sustainable legal aid system.”
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