Complaints against lawyers and legal firms: consultation analysis

4. Next steps

The Scottish Government recognises the level of support for wide-ranging and comprehensive reform to the complaints system. A consultation seeking views based on the recommendations made by Esther Roberton's independent review of the regulation of legal services is anticipated to be published later in 2021.

However, if such reforms are to be implemented, likely by way of primary legislation, the Scottish Government recognises the pressures that remain on the legislative capacity of the Scottish Parliament as a result of the Covid-19 pandemic and that the reform process may take a consequential amount of time. The Scottish Government therefore does not see a strong rationale for retaining the status quo in the shorter term. Based on the responses to this consultation the Scottish Government believes that there is support to bring forward the proposals, albeit with consideration of further reforms in the future. We will seek to introduce secondary legislation early in this new session of the Scottish Parliament to that effect.

Further consultation will be undertaken on the details of any regulatory changes that are undertaken as a result of this consultation. The SLCC will require to develop, and publish, its policy on how it would use its discretion to ensure fairness and consistency in consultation with consumers/complainers and legal services regulators. While similar discretion is dealt with as an administrative decision by the Scottish Public Services Ombudsman and the Legal Ombudsman in England, the proposals in this case are that the SLCC would report on the use of these powers in its annual report to the Parliament.

The combination of this work highlights the Scottish Government's commitment to reform legal services regulation and the system for legal complaints both in the short and long term.