The Law Society of Scotland has confirmed that it will hold an SGM on the ABS concerns raised by the Scottish Law Agents Society, and moved to quell concerns over its representational role amid claims that the drive to ABS has been propelled by “The Big Four Firms”.

The Law Society has also said that opposition in principle to “any form of ABS” from firms within the profession would need to be considered by them and “would have to inform our ongoing deliberations."

In a statement issued in response to the call for an SGM, the Society moved to address issues raised by the Glasgow Bar Association in The Firm about the policy making structure of the Society, which the GBA says is in thrall to non-solicitor, Government input.

"As a membership body, policy decisions are made by the Society's members at General Meetings and Council meetings, “President Ian Smart said.

“The debate at the SGM will set the profession and so the Society’s policy on external ownership of ABSs. The Society will promote that policy as it did with ABS decision at its 2008 AGM. Members' responses to the consultation will help develop a policy paper due to be debated at the Society's AGM in May.

"The Society will continue to encourage and support its members to debate the future of legal services and make decisions on the best way to provide clients with the legal services they require in the current marketplace while ensuring that standards and the core values of the profession are maintained."

MacRoberts, who recently joined the Glasgow Bar Association, confirmed that the firm is not opposed to ABS as a matter of principle, but added that it had concerns over the regulation and representation of solicitors, and the Law Society’s judgement in supporting the introduction of alternate business structures.

"We are not opposed. We are disinterested in the concept for ourselves and unconcerned for any impact on competition, but we are very concerned for the reasons set out in our paper, namely opening up law firm ownership to non-solicitors, the impact on the solicitor to solicitor relationship of trust, the inability of the Law Society to regulate all LSPs but to continue to represent the solicitor camp of LSPs and the incongruity of the Guarantee Fund in the new world,” it said.

“It is also our view that ABSs were being driven entirely by the big 4 firms, in the face of antipathy or opposition from the rest of the legal profession in Scotland and the Law Society didn’t see through that."

- Related feature: "Legal Services in Scotland: comments and concerns" can be read here.