The letter below was sent by the Dean of the Royal  Faculty of Procurators to its members, inviting their attendance at a debate on the Legal Services Bill and the possible introduction of alternative business structures. It is published here in the interests of promoting debate and discussion on matters of crucial importance to the legal profession in Scotland, and all those affected by it.

Any further contributions to the debate or alternate perspectives are welcomed and should be sent to the Editor for publication.

Dear Member

Legal Services (Scotland) Bill
Open Debate: Tuesday 9 March, 2010 at 5.45 p.m.

The Legal Services (Scotland) Bill is currently at Stage 1 of the Parliamentary process, with the Stage 1 debate on the principles of the Bill due to take place on 25 March 2010. The Bill aims to broaden access to Legal Services by allowing the creation of new business structures, in addition to existing solicitor practices, which can provide legal advice and services for clients. Concerns have been raised that the advent of Alternative Business Structures (“ABS”) will dilute the independence of the legal profession and diminish access to justice in a real sense, although proponents of the Bill would argue that reformation and modernisation of the delivery of legal services is long overdue, and that the concerns raised can be addressed by a robust regulatory system. Having regard to the wide-ranging, but sincerely held views within the Royal Faculty Membership at large, the Council of the Royal Faculty has previously decided that it was not appropriate for the Royal Faculty to adopt a particular stance with regard to the Bill. Rather, the Royal Faculty should focus its efforts on heightening awareness of the proposals for change and on promoting responsible, informed debate on the issues raised.

Separately, although not entirely dissociated from, the proposals surrounding the introduction of ABS, questions have been raised as to whether or not the Law Society of Scotland (“the Law Society”) can continue to exercise its dual role as regulator and representative of the Solicitor profession, particularly if, as it intends so to do, the Law Society also becomes a regulator of licensed legal services providers. For example, in its submission to the Justice Committee, the WS Society proposed that, as regards Solicitors, the role of the Law Society should be limited to the regulatory function and that Solicitors should be allowed to determine independently by whom and how they are represented. The WS Society suggested that there might be established a joint Council of Representative Legal Societies. In this regard, as a purely representative organisation, I consider that the Royal Faculty has a legitimate interest and concern.

The Law Society has now published a Consultation Paper on the Regulatory Scheme for Licensed Legal Services Providers – Delivering Scottish Legal Services. The Law Society’s Consultation can be found at http://www.lawscot.org.uk/Members­_Information/abs/. The Consultation will close on Friday 16 April, 2010.

As a result of an opinion poll amongst its own members, the Scottish Law Agents Society (“SLAS”) has now requisitioned the Law Society to hold a Special General Meeting to ascertain the Profession’s view on the specific issue of the external ownership of legal practices. Further information on this particular topic can be found at www.slas.co.uk. The date and place of the Special General Meeting will be announced shortly, and will be widely advertised.

I urge all Members of the Royal Faculty to take an active interest in these issues which, clearly, will have a significant impact upon the Profession. I encourage you all to respond to the Law Society Consultation and, if you are able so to do, to attend the SGM or to appoint a proxy to represent you.

To allow Members to consider in more detail the proposed regulatory reforms and to discuss the issues raised in the ‘regulation vs. representation’ debate, I have arranged for an Open Debate to be held at Faculty Hall on Tuesday 9 March, 2010 from 5.45 p.m. until around 7.15 p.m. (registration and coffee from 5.15 p.m.). The Debate will be led by leading members of the profession, with contributions from the floor encouraged. The Open Debate is free for Members: non-Members are welcome at a reduced charge of £25.00 (no VAT). The Open Debate will qualify for CPD hours. However, spaces are limited and must be confirmed in advance with the Chief Executive, either by email on www.rfpg.org, or by telephoning 0141 332 3593.

Yours sincerely,