Law Society Chief Executive Lorna Jack has issued a statement in response to Dean of the Faculty of Advocates Richard Keen's withering attack yesterday, in which he said the Society had abdicated its responsibilty by passing the matter to the government for review.

"If the Law Society is to prove itself the regulator it claims to be it should demonstrate that by regulating," Keen had said.

“If the Law Society feels that as regulator it is not able to investigate and deal with that matter no doubt another way can be found to do this on their behalf – although why the public purse should have to incur expense on something which the Law Society is already paid to do is not immediately obvious.”

In the Society's defence, Jack has pointed out that no solicitor-advocate has yet been prosecuted for professional misconduct, but avoided Keen's direct criticisms of the Society's lack of direct action on the matter. 

“Following on from Lord Justice Clerk, Lord Gill’s call for a review, the Lord President Lord Hamilton had written to Kenny MacAskill, Cabinet Secretary for Justice, to add his support for a review and we are in favour of this. We believe that after almost 20 years it is time for an independent, comprehensive review of rights of audience in the higher courts.

“Any complaints about solicitor advocates should be made to the Scottish Legal Complaints Commission (SLCC). The SLCC would deal with any service complaints while issues of conduct would be passed by them to the Society. We would welcome a wide-ranging review and the opportunity for ongoing discussion of the various issues with the Scottish Government and the Faculty. We are currently in a time of significant change and this is an important issue for the future of the legal profession.”

The Firm's report of Keen's criticisms can be read here, and The Firm's report on Lord Gill's original criticisms can be read here.