Publication - Consultation paper

Legal services regulation reform: consultation

Published: 1 Oct 2021
From:
Ash Regan MSP
Directorate:
Justice Directorate
Part of:
Law and order
ISBN:
9781802014075

A consultation based on recommendations from an independent review of the regulation of legal services will run until 24 December. It will seek views on options for change designed to lead to improvements to the way legal services are regulated, and the legal complaints system operates in Scotland.

Legal services regulation reform: consultation
Footnotes

Footnotes

1. Report of the Independent Review of Legal Services Regulation in Scotland - https://www.gov.scot/publications/review-of-legal-services-independent-report/

2. Scottish Government response to independent review - https://www.gov.scot/publications/scottish-government-response-fit-future-report-independent-review-legal-services-regulation-scotland/

3. ReimagineRegulation - https://www.scottishlegalcomplaints.org.uk/media/2085/reimagine-regulation-slcc-priorities-for-a-consultation-on-legal-services-regulation-v100.pdf

4. Alongside the Roberton review, a report on legal services in Scotland was produced by Europe Economics that considers these issues in more detail. It is available at: https://www.webarchive.org.uk/wayback/archive/20190323001929mp_/https://www2.gov.scot/Resource/0054/00542304.pdf

5. The Limits of Self-Regulation in the Legal Profession

6. Justice 1 Committee, 11th Report 2002 Report on Regulation of the Legal Profession Inquiry Volume 1: Report and evidence

7. Reforming Complaints Handling, Building Consumer Confidence: Regulation of the Legal Profession in Scotland

8. Clementi Review

9. Section 27 – Internal governance arrangements, Legal Services (Scotland) Act 2010 Explanatory Notes

10. Para 214, Legal Services (Scotland) 2010 Policy Memorandum

11. S 133 Legal Services (Scotland) Act 2010

12. The Solicitors (Scotland) Act 1980 The case for change

13. The Case for Change: Revisited

14. Fit for the Future Report of the Independent Review of Legal Services Regulation in Scotland

15. Scottish Government response to the independent review by Esther A Roberton

16. Complaints against lawyers and legal firms in Scotland: consultation - gov.scot (www.gov.scot)

17. complaints-against-lawyers-legal-firms-scotland-consultation-analysis (4).pdf

18. See Rule 96(a) of the Faculty of Advocates Disciplinary Rules 2019 – available at http://www.advocates.org.uk/making-a-complaint/the-disciplinary-rules.

19. Ibid. See Rule 96(c).

20. Act of Sederunt (Sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) (Association of Commercial Attorneys) 2009

21. Page 4, the Roberton report

22. This would however be dependent on legislative changes to the UK Enterprise Act 2002.

23. What are super-complaints? - GOV.UK (www.gov.uk)

24. Part 4, Chapter 2 of the Legal Services (Scotland) Act 2010.

25. Act of Sederunt (Regulation of Advocates) 2011.

26. Faculty of Advocates Disciplinary Rules 2019.

27. Legal Profession and Legal Aid (Scotland) Act 2007, paragraph 5(3) of schedule 1.

28. See section 133 of the 2010 Act which inserts sections 3B – 3G into the 1980 Act.

29. As amended by section 133(2) of the Legal Services (Scotland) Act 2010.

30. As amended by section 133(2) of the 2010 Act.

31. Section 3C of the 1980 Act as amended by section 133(2) of the 2010 Act.

32. Freedom of Information International Review: Scope of Bodies Included

33. https://www.legalservicesboard.org.uk/news/legal-services-board-announces-enhanced-independence-for-legal-regulators

34. https://www.legalservicesboard.org.uk/wp-content/uploads/2019/07/IGR-2019.pdf

35. https://legalservicesboard.org.uk/wp-content/uploads/2019/07/IGR-Guidance-July-2019.pdf

36. https://www.lawscot.org.uk/media/367851/fitness-and-properness-guidance.pdf

37. http://www.advocates.org.uk/media/2363/regulations-as-to-intrants.pdf

38. Paragragh 10 - https://www.legalservicesboard.org.uk/what_we_do/consultations/2009/pdf/consultation_181009.pdf

39. Page 40, the Roberton report

40. https://www.fca.org.uk/publication/research/regulatory-sandbox.pdf

41. See schedule 4 paragraph 9 of the Coronavirus (Scotland) (No.2) Act 2020.

42. See section 43 and Schedule 43 of the Solicitors (Scotland) Act 1980; and the Law Society Guidelines at https://www.lawscot.org.uk/for-the-public/client-protection/client-protection-fund/.

43. https://www.icas.com/professional-resources/insolvency/latest-developments/preparing-for-the-scottish-insolvency-rules-2018

44. SRA | SRA Handbook | Solicitors Regulation Authority

45. Sharon and Paterson, UNODC Handbook on Ensuring Quality of Legal Aid Services in Criminal Justice Processes (2019)

46. Section 3(1) of the Legal Services (Scotland) Act 2010.

47. The Scottish Parliament has powers to reserve certain other acts to be done only by a solicitor.

48. Legal Services (Scotland) Act 2010, section 118(2)(a)(i).

49. Other work can be reserved to solicitors in other legislation, for example Employment Rights Act 1996, section 203(3)(c) – relevant advisor is lawyer or trade union official.

50. As explained earlier, this is currently an unreserved legal service, but this would change if the Legal Service (Scotland) 2010 Act is fully commenced. See Legal Services (Scotland) Act 2010, section 118(2)(a)(i), for details.

51. Adapted from Legal Services Board (2016a)

52. Adapted from Legal Services Board (2016a)

53. Consumer study on Scottish users of legal services

54. The Case for Change: Revisited

55. Section 53 of the Solicitor's Scotland Act 1980 provides for the powers of the SSDT and subsection (2)(c) provides that, subject to subsection (3ZA), the Tribunal can impose on a solicitor (or incorporated practice) a fine not exceeding £10,000. There are certain powers to amend the limit in section 53 in relation to the maximum amount of the fine to change the limit of the Tribunal.

56. SLAS calls for change in law to prevent SLCC from approving its own budget - Scottish Legal News

57. CMA's Legal Services in Scotland Research Report 2020 – available at: https://assets.publishing.service.gov.uk/media/5e78cc9b86650c296f6eda63/SLS_report_final_version_PDF_---.pdf.


Contact

Email: LegalServicesRegulationReform@gov.scot