MacRoberts is to apply to join the Glasgow Bar Association as the question over the representational role of the Law Society continues to provoke debate amongst solicitors.

Following the call for a referendum on the Law Society maintaining its representational role from the Glasgow Bar Assocation, and a proposal from the WS Society to return to a pre-1949 representational model, MacRoberts, a firm with over 120 solicitors with offices in Edinburgh and Glasgow, is to apply to join the Glasgow Bar Association after talks between the two groups found "common ground".

"For the last nine months or so, we have been in dialogue with the GBA in relation to change and have found much common ground. Whilst traditionally, and presently, seen as a thorn in the side of the LSS, there is no doubt that as an organisation it is focused on representing its members and lobbying against actions or inactions which it perceives as being detrimental to such fundamental issues as access to justice and the rights of the individual. These are areas in which MacRoberts shares the GBA's concerns," said the firm's David Flint.

"It would be MacRoberts intention to apply for membership of the GBA."

John McGovern, the newly elected President of the Glasgow Bar Association congratulated MaRoberts on the being the first commercial firm to join the association, and said other firms were welcome to join as alternate business structures come on stream.

"The GBA welcomes membership applications from all firms or individual solicitors. With the Gill review set to expand the use of the Sheriff Court, and with the already existing Commercial court which sits in Glasgow Sheriff Court, it makes sense for solicitors or firms which have not historically been associated with the GBA to tap into the network and facilities that the GBA offers," he said.

"We would like to congratulate MacRoberts on becoming the GBA's first corporate membership application. A fitting end to our 50th anniversary year."

In a wide ranging critique of the decision published exclusively in the Firm, Flint says the move became necessary after concluding that the Law Society had failed to adequately represent the profession in recent years, a view which culminated in the call to reduce the practising certificate fee.

"It became clear as part of this process that the Executive and Council of the Law Society are inherently incapable of accepting criticism and considering what is in the interests of the members of the profession (as opposed to “Civic Scotland”). We have been very unfortunate that at this critical time in the development of the profession we have had a series of Office Bearers who, for various reasons, have not been as robust in their support and promotion of the interests of the profession as many would have expected and it is clear that the present thrust of the Law Society is to provide more remedies, powers and strengths to the consumer lobby.

"Allied to these internal failings in the Law Society, we have had a Scottish government whose political leanings are towards greater regulation and central control of all aspects of society including, regrettably, the legal profession."

Flint argues that the dual obligations on the Law Society to represent both solicitors and the public as contained in s1 of the Solicitors (Scotland) Act 1980 are fundamentaly contradictory, and must be re-evaluated.

"It is for that reason, that I believe that there needs to be a fundamental rethink of the nature of the Law Society; to separate its apparently conflicting roles; to allow a split between regulation and representation," he says.

"Much regulation has already been ceded to SLCC, it would not take much for the remainder to be passed over also. I do not accept the oft made argument from the Law Society Executive that whilst the present situation is not perfect the alternative would be worse; at least in a new system there would be someone fighting our corner!"