The Scottish government is to make it an offence for unqualified advisers to use the title 'lawyer', as part of long-awaited changes to the regulatory landscape.
As in England and Wales, the title of solicitor is protected by law in Scotland, most recently under the Solicitor (Scotland) Act. But the generic title of lawyer can be used without any legal restriction on both sides of the border. That position is set to change for the first time under the Regulation of Legal Services (Scotland) Bill which was voted through this week.
The bill introduces a specific offence of taking or using the title of lawyer for anyone who is not a licensed provider. It would make it illegal to call yourself a lawyer in connection with providing (or offering to provide) legal services to the public for fee, gain or reward.
Anyone committing such an offence would be fined up to £2,500 under the legislation.
The bill is being hailed by the Scottish government as a means of modernising and improving the way legal services are regulated . The details of the legislation have been established over more than a decade in what has been one of the longest legislative processes ever seen under the devolved government.
Unlike in England and Wales, the Law Society of Scotland will continue to regulate solicitors, with the stated objective to ‘protect and promote the interests of consumers and the wider public interest’. This dual role has proved hugely controversial, but the Society has lobbied hard for many years to block the creation of a properly independent watchdog.
The Society will be given new powers to regulate legal businesses and the ability to investigate complaints against solicitors more quickly. It will also have new powers to suspend solicitors where it is in the public interest or for public protection.
David Gordon, lay convener of the Law Society of Scotland’s regulatory committee, said the legislation delivers long overdue changes allowing it to be a faster and more effective regulator. 'The existing regulatory framework, governed largely by legislation over 40 years old, has quite simply not kept pace with the huge changes in the legal services sector and consumers’ expectation,’ said Gordon. ‘We have an overly complex system, but one that leaves the Law Society without powers that many other regulators have to take action to protect the public interest when needed.
‘The new legislation will provide increased clarity and assurance for consumers, Gordon said. 'Currently anyone, even those with no legal training or qualifications, could call themselves a lawyer and charge for legal advice. This unrestricted use of the title "lawyer" poses a significant risk to consumers.'
In drafting the legislation, Holyrood resisted calls to create a regulator independent of the Law Society, rejecting the principal recommendation of a Scottish government-commissioned independent review led by governance expert Esther Roberton. The Competition and Markets Authority also protested about what it described as an obvious 'conflict of interest'.
The legislation instead empowers the lord president 'to better oversee and improve the functions of legal services'.
Neil Stevenson, chief executive of the Scottish Legal Complaints Commission, said: 'Since 2016 the SLCC has been calling for improvements to the legal complaints and regulatory system to make it more person-centred and proportionate. While we supported proposals for more fundamental reform, we believe these changes are still a significant step forward.'
Minister for victims and community safety Siobhian Brown said: ‘Scotland’s legal sector plays an integral role in maintaining the rule of law and upholding justice. From individuals seeking advice in family law matters to businesses navigating complex commercial disputes, there will always be a need and demand for accessible, efficient and accountable legal services.’
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