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NEWS
23 Jan 2010

"No evidence of need for ABS" - Dailly backs Law Agents call for SGM, citing "consumer detriment"

Govan Law Centre principal Mike Dailly has issued a call to solicitors to support the Scottish Law Agents Society, who want a Special General Meeting of the Law Society to "address the significant consumer detriment that is presented by the 'Alternative Business Structures' provisions (ABS)within the Legal Services (Scotland) Bill." 

Dailly also criticised the much discussed "big firm" support gathered by the larger firms ahead of the 2009 AGM and SGM, in which it was claimed that staff were "whipped" into voting down calls for a membership fee cap.  Such practices were reported directly to the Firm at the time.

"It is understood that the Law Society's support for ABS and the Bill was largely the product of Scotland's four big firms procuring mandates in support of ABS from their own solicitors," Dailly said.

"There is nothing wrong in marshalling support, but it's hardly representative. Furthermore, when support equates to pecuniary self-interest its public interest value is almost meaningless. Everyone knows that ABS is an English law solution to an English law problem. In Scotland, it means a few very large legal firms getting together with chartered accountants and bankers, to the benefit of a tiny handful of people. And those people aren't consumers.

"The independence and integrity of the legal profession is at stake here, as is access to justice and the public interest".

Dailly also challenged the fundamental need for introducing ABS at all, claiming that the proposed reforms will restrict access to independent advice.

"There is no empirical evidence of the need for ABS in Scotland. What evidence there is points to Scottish consumers losing choice, and access to independent legal advice," he said.

"While most Scottish solicitors are busy coping with casework demands, we all need to make an effort to support the SLAS. I would ask colleagues to download the SLAS proxy form and back the call for a proper discussion of what the Legal Services (Scotland) Bill means for Scottish consumers and our profession".


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