Deep concerns within the profession over plans to hive off the Law Society's regulatory function were revealed in an impassioned debate at the Society's annual general meeting last week, with opponents of the proposals winning the right to a postal ballot of all solicitors.

A protest motion against the plans - which were passed by the Law Society Council in May this year - was narrowly defeated at the AGM by 43 votes to 39, but the closeness of the result meant the motion's supporters were able to demand a postal ballot.


However, the result of the ballot - which is expected to cost £100,000 - will not be binding on the council.


Under the plans, the Law Society's regulatory function will be hived off into a subsidiary company. The motion protested that regulation should not be taken beyond council control, and that any such measure should be voted on by the profession as a whole.


The motion's author Michael Garson said: 'These changes are premature; there is likely to be a large proportion of the profession who do not agree with them. The council may have a rethink. It's about £1 per head to have your say.'


David Morgan, chairman of the Solicitors Assistance Scheme, said: 'What is the rush? Surely we could set up plans, but hold our fire until the government has got a Bill allowing for this segregation of powers to take place. My colleagues in European countries are aghast that we are giving away self-regulation, and that we are apparently giving in without a fight.'


However, David McIntosh, chairman of the City of London Law Society, said: 'It is irresponsible and foolish not to take note of the climate in which we operate, with consumers favouring government control [over the profession]. Those speaking for the Law Society have been pragmatic.'


A Law Society spokesman said: 'The council consulted its members in March 2004 on the principle of separation. The profession was clear. It favoured the retention of regulation and representation within one body but with a clear distinction between the two. This is what the council has decided to do.'