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FEATURES
12 Dec 2011

Walter Semple's resignation letter in full

This is the text of a letter sent today by Walter Semple to Law Society President, Cameron Ritchie, resigning from the Law Society Council.

 

 

Dear Cameron,


As you know I have been a consistent opponent of fundamental changes in the policy of the Law Society of Scotland Council in relation to Alternative Business Structures and its proposed new Constitution.

In my view the policies of the Council as regards external ownership of law firms have compromised the role of solicitors in Scotland in the administration of justice principally because of the disappearance of the requirement to be independent.

I also believe that these changes will damage access to justice. Scotland is fortunate in having a network of trained and experienced lawyers in practice throughout the country. Smaller law firms are now expected to face increasing financial pressure from large commercial organisations, with huge marketing budgets, which will not be seen to be committed to solicitor independence, or local provision of legal services. I refuse to be associated with Council policy which has led to this result.

I deeply regret that these changes were approved in general meeting as a result of the votes of members in a small number of large successful law firms who rely for their success on high value commercial work. I deeply regret the partisan approach of the Council in promoting its policy on external ownership of law firms which potentially favoured one section of the membership whilst potentially damaging another section.

I have also vigorously opposed changes in the constitution which would have had the effect of reducing the accountability of the Council to members of the Society. I refuse to associate myself with Council policy which led to these proposals.

I also deeply regret Council policy which has led to legislation which requires that regulation of the solicitors’ profession in Scotland has come under the control of lay people. Although they are eminent in their own field, and their commitment to their responsibilities is not in doubt, they have no training or experience in the important matters for which they have assumed responsibility. I have received no explanation of how this change is expected to improve the delivery of legal services in Scotland.

It also seems to me to be inconsistent with the statutory duty of the Society under section 1 of the Solicitors (Scotland) Act 1980 to promote the solicitors profession in Scotland and the public interest in relation to that profession. It has changed the established principle of a self regulating profession.

I also take strong exception to the failure of senior office bearers of the Council and other Council members by giving incorrect information to members, shortly before an important AGM vote, which was likely to influence the vote and which members were entitled to trust was correct.

I have not received support from my fellow Council members in advocating these views. My disagreements with Council policy are so fundamental that I no longer feel that I can usefully contribute as a member of the Law Society Council. I have therefore decided to resign as a member of Council which I do with immediate effect.

I have informed the Dean of the Royal Faculty of Procurators of my decision. I wish the Council well in discharging its responsibilities in future.

Yours sincerely,



Walter Semple

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