Regulation changes on Society's agenda following consultations

Proposals for a new basis of regulation for solicitors and legal practices are to be taken forward by the Law Society of Scotland.

Following the consultation undertaken since the summer on entity-based regulation and charging – that is, focusing on practice units rather than individual solicitors – and its consideration of the responses received, the Society’s Council has decided to develop a more detailed model of what an entity regulation system might look like, and then present it to the profession in a further consultation.

However it has decided not to pursue the further proposal of a system of practice rules and guidance focusing on principles and outcomes, but will take the opportunity of a fresh look at the Society’s current rules and guidance to ensure that they remain fit for purpose.

The practice rules were consolidated in 2011 but not revised at the same time.

Carole Ford, the non-solicitor convener of the Society’s Regulatory Committee said: “The effective regulation of Scottish solicitors is one of the most important areas of work for the Law Society. We have to protect and enhance the reputation and professionalism of Scottish solicitors, maintain high standards and take action when those standards are not met to ensure Scottish solicitors remain the trusted advisors of choice.

“Against a backdrop of change within the legal profession and the legal services market, we asked solicitors if the way we have regulated Scottish solicitors for the last 20 years is still the right approach for the next 20 years.

“It’s important that we remain open to new ideas and are willing to learn from the best practice of other regulatory bodies in other jurisdictions. The consultation responses showed that there is some appetite for change to the way we regulate the profession at the moment. We will now explore what entity regulation might look like and bring that to the profession and others for further discussion.”