"Much has changed in the legal profession during the past 60 years. But the Society’s founding principle remains as relevant and appropriate now as it was then. The dual role of representing and regulating solicitors has stood the test of time.

"The position has been examined many times, with similar conclusions drawn. The 1980 Royal Commission on Legal Services said it brought “undoubted benefit”. More than 20 years later, an inquiry into the regulation of the profession by the Scottish Parliament’s Justice 1 Committee also endorsed the dual role. And the debate that followed, including a consultation by the Scottish Executive, continued to do so. As a result, the Society retained a crucial regulatory role even when the Scottish Legal Complaints Commission was set up last year.

"Now that reform of the legal profession is once again a matter of parliamentary focus, the issue of separating regulatory and representative functions has resurfaced in the profession. Understandably so. After all, the potential for tension is obvious. However, in my view, the undoubted benefits outweigh the possible risks. And that is a view shared by many others. The model is used by, among others, the Institute of Chartered Accountants in Scotland, the Royal Incorporation of Architects in Scotland and the Royal Institute of Chartered Surveyors. Law societies throughout the world operate in such a way. In fact, any professional body worthy of that description represents and regulates its members.

"Why is the dual role so popular? Put simply – it works. Effective representation and regulation works for solicitors, their businesses and their clients. Solicitors benefit from a system that promotes and enforces the highest practical and ethical standards just as much as the client whose legal needs are met by a practitioner who has received the appropriate education and training and is well versed in the latest professional practice developments. At the core of any profession is the aspiration not only to provide the best possible service to the client but also to recognise that it has a responsibility to act in the public interest in all that it does.

"The dual role is practical and cost-effective and leads to a co-ordinated, professional approach. It avoids additional bureaucratic and financial burden, particularly so in a distinct legal jurisdiction with a relatively small and scattered population. Maintaining regulation, representation and professional support within one organisation allows the Society to operate as an effective membership organisation for Scotland’s 10,000 practising solicitors. Speaking for the profession and its core values with a single, respected voice ensures solicitors’ interests are robustly promoted and defended in parliament and among a range of other groups and organisations.

"Almost 1,900 members responded to a recent survey about the Society’s services. One of many conclusions was that they were broadly satisfied with our support and representation functions, indicating that they would like all current services to continue. If anything, they wanted us to do more, not less. The Society is focusing on meeting those needs. At the same time, we will drive forward the modernisation of our structures and processes, to ensure we continue to be an effective regulator that properly represents our members. The alternative is a costly and bureaucratic regulatory system, and potentially a disunited profession. I for one want to continue to belong to a strong, respected profession that takes pride in the Scottish solicitors’ badge and shares a common sense of purpose. I believe that also remains the sentiment of the overwhelming majority of solicitors in Scotland."

Ian Smart