“A wide range of views have been expressed over the three evidence sessions at the Parliament during December and January, from those who are fully in favour of the legal services market being opened up in Scotland, to those who have some reservations to those who are completely opposed.

“The Society’s policy is in favour of allowing innovation in business practice and the provision of legal services as well as create opportunities for Scottish legal practices to thrive in an increasingly competitive market in Scotland, elsewhere in the UK and internationally. The policy was voted for by Society members at the 2008 AGM following consultation, giving the Society a mandate to support change alongside strong regulation.

“We don’t want to see the Scottish legal services market diminish, which could be the case if a liberalised legal services market in England and Wales exists whilst a restricted market in Scotland prevails, with larger English firms accessing capital to the extent that they could be acquisitive in Scotland and dominate the UK market for provision of legal services in areas where the law is the same such as corporate law and tax law. .

“We are of course aware of issues which the proposed changes present and, although on the whole think the bill’s regulatory objectives are robust, we have stated where we believe the bill needs to be strengthened or changed to ensure that the Scottish legal profession remains independent, that consumer protections and standards are maintained and that access to justice remains a priority for ministers.

“We also want to see a level playing field for those providing legal advice and services, whether they remain in a traditional solicitor partnership firm or opt to set up as a licensed legal services provider (LLSP) in the future. A level playing field approach will also have to apply to those who regulate LLSPs to ensure that standards are high across all legal services providers.

“The role of the regulator will be extremely important and it will be for the regulator to establish rules which new legal services providers must adhere to in practice as well as the application process to become a LLSP, with issues such as access to justice taken into account.

”The Society is currently reforming its structures and processes to ensure it can operate as a modern and effective regulator in a reformed marketplace.”

Lorna Jack, Chief Executive of the Law Society