The Law Society has confirmed that it will hold a referendum on whether it should continue in its representative role for the legal profession, if a “sufficient” number of solicitors request it.

The call for a referendum was made this week by the newly elected President of the Glasgow Bar Association, John McGovern, who argued that the dual roles of regulation and representation were incompatible under the new structure proposed for the Society.

“It is not, in my view, appropriate for the LSS to continue to represent solicitors when it has ceded control of its Council to the Government, and almost halved the democratic mandate of the profession,” he told the Firm.

“Whilst I appreciate the arguments for non-solicitor participation in our regulation, why should twenty per cent of the Council that represents my professional interests be members of the public? Why should solicitors elect only fifty eights per cent of their representative body? Solicitors, and solicitors only, should represent the professional interests of solicitors.

“I call upon the Law Society, not to embark on a barely publicized three and a half week constitutional consultation period, but to allow a referendum of all LSS members. A true referendum: one solicitor, one vote; secret ballot; no proxies and no three line whips from the big commercials. The question? Should representation of the solicitors’ profession be independent of the Law Society of Scotland?”

The call coincides with a separate move by the WS Society calling for the representational role to be returned to solicitors through a joint council comprising solicitor bodies other than the Law Society.

In a statement the Law Society confirmed its willingness in principle to hold the referendum proposed, but did not elaborate on what would constitute a “sufficient” number.

“We haven't been approached with any request for a referendum, but if a sufficient number of members place a requisition for a referendum to take place then the Society would present that to all 10,000 members," the statement said.

President Ian Smart said that the dual functions should be retained by the Society.

“Maintaining regulation and representation within one organisation means the Society is better able to represent the best interests of its members, knowing that we are acting for a group that is effectively regulated,” he said.

He added that there was “clearly strong support” for the Society to continue to provide a representative function.