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Former Law Society Council member Walter Semple has formally called for the Law Society to set up a new representative committee to oversee the representative functions of the Society.
In his response to the Society's consultation on the constitution, Semple says the committee should comprise only solicitors and "the Council would be forbidden from unduly interfering in its work".
He joins former Council member and former President of the Glasgow Bar Association, John McGovern, in calling for an independent representative committee.
He argues that the draft constitution does not meet the requirements of the Legal Services Scotland Act 2010.
"In order to the carry out its policy to act as regulator of LSPs, the Law Society must include in its constitution express provision that it must avoid conflicts of interest in relation to its regulatory functions," he says.
"The draft constitution fails to do this, and therefore will not conform to the requirements of the 2010 Act when the Law Society applies to act as regulator of LSPs."
He adds that before the Council presents a new constitution to the members for approval, it will have to make changes to ensure its compliance with its obligations under section 27 of the 2010 Act. He says the Council should set up a representative committee "in which it should not unduly interfere."
"This would oversee the representative functions of the Society, and would consist only of solicitors, elected by members of the Society," he says.
"It would mean that both the regulatory and the representative functions of the Society were part of a balanced governance system, which there was a chance that solicitors might regard as fair. It would create a system structured to avoid conflicts of interest. This would mean that the constitution would have to be rewritten."
The full submission can be read here.