Legal Services Bill
1st October 2009
The Legal Services (Scotland) Bill, nicknamed "Tesco Law", has been introduced into the Scottish Parliament.
It proposes the introduction of socalled alternative business structures, i.e. firms made of lawyers and other busines professionals, like accountants, who have previoulsy not been allowed to practise together except in certain limited circumstances, e.g. company in-house legal advisers. Based on recommendations by the Office of Fair Trading (OFT), the Bill is intended to offer the public more choice of legal services.
The idea is that clients (or customers) may access a range of services under the same roof, while professionals from different disciplines may benefit from exposure to each other's experience. It is also hoped that commercial law firms will become more competitive on the international market.
However, critics have expressed concerns about watering down the legal profession, or undermining its vocational nature, turning it into more of a commercial concern rather than a public service.
Ian Smart, president of the Law Society of Scotland, has commented, "I am very pleased that the Legal Services (Scotland) Bill has been introduced into parliament... Scotland's legal profession should be able to adapt to best meet the needs of modern society and a global economy... However it will be vitally important that the bill ensures the independence of the legal profession, promotes access to justice and maintains robust consumer protections and high standards among those delivering legal services. Effective regulation will be key to any plans for change."
Justice Secretary Kenny MacAskill said, "This new legislation will help Scotland's legal profession to grow and compete both in the UK and internationally. In developing these proposals, we have worked closely with the profession to ensure that we protect the profession's core values, at the same time as freeing solicitors to offer new services in new ways. Our proportionate and flexible approach will allow the profession to move quickly to respond to changes in the market by removing outdated restrictions on business models."
However, it is not clear how these proposed changes will benefit the ordinary man in the street.