The Law Society have confirmed that they have now received the requisition for a SGM from the Scottish Law Agents Society, but expressed dismay at the scope of the motion, which they say attempts to “change the Society’s policy from supporting to opposing all forms of alternative business structures”.

President Ian Smart said such a move would represent a reversal of the Society’s positon over the last two years and was “not realistic”.

“The requisition, delivered by the Scottish Law Agents Society (SLAS), is significantly broader than expected,” said Smart.

“Rather than aiming ‘to ascertain the profession’s views on the issue of the external ownership of law practices’, as stated earlier this week, the motion, if passed, would change the Society’s policy from supporting to opposing all forms of alternative business structures.

“The motion as it is worded, may also lead to issues relating to in-house lawyers who work in the reserved areas of practice. Currently around a quarter of the Society’s members work in-house in local authorities, government, the Crown Office and business.

“The Bill is likely to bring about major change in the delivery of legal services so we appreciate the desire for a debate but to try and completely reverse the Society’s position two years on from its original adoption and half way through the progress of the Scottish Parliament legislative process is not, in my opinion, a realistic way forward.”

“Instead, I would prefer to concentrate on the best way to provide clients with the legal services they need and allow solicitors from different sectors of the profession to continue to provide the client protections which are unique to the Scottish experience. I encourage all members of the profession to get involved in the debate at roadshows, the SGM and on the consultation and have their say.” 

The Royal Faculty of Procurators are planning to debate the ABS proposals, and MacRoberts, who recently joined the Glasgow bar Association, wrote to the Justice Committee to express their concerns about the outcomes of the Legal Services Bill.

The motion for the SGM is narrated in full below.

"We, the undersigned, hereby make requisition to the Law Society of Scotland in terms of Section 12 (3) of the Constitution of the Law Society of Scotland further to Section 1 of the Solicitors (Scotland) Act, 1980 to convene a Special General Meeting of the Law Society of Scotland in order that we might move the Society to consider and make a resolution in the following terms:-

The members of the Law Society of Scotland in general meeting find that-

It is essential in the public interest in the retention of an independent legal profession that the ownership of any business authorised to carry out work which is reserved to persons qualified to practise as solicitors in terms of the Solicitors (Scotland) Act, 1980, should be vested in persons to qualified, and call upon the Scottish Parliament to set out and maintain that position in the
statutes and regulations of the Scottish Parliament and, in particular, to amend the terms of the Legal Services (Scotland) Bill, presently before Parliament to that effect."