Ash Denham

A consultation has been launched today and will run until 24 December to seek views on options to change the way legal services are regulated and how the legal complaints system operates.

The options include three potential models of regulation, “developed with stakeholders representing the legal profession” and the consumer interest. It will also provide an opportunity to create a new statutory framework for a regulatory system for legal services in Scotland.

Legal affairs minister Ash Denham said: “We have one of the best legal professions in the world, however improvements to the regulatory structure and delivery are needed to further support access to justice.

“The need for regulation reform is well understood and supported by the legal profession and organisations representing the consumer interest. It is widely agreed that some aspects of the current system can be significantly improved, such as current restrictions which may inhibit competition in the sector and the complex complaints system.

“This consultation signals the Scottish government’s willingness to take forward supported recommendations that will deliver an enhanced system of legal services regulation.

“We want a modern, forward-looking legal services regulation framework that will best promote competition, innovation and the public and consumer interest in an efficient, effective and independent legal sector.

“I encourage all those with an interest in this area to make their views known and look forward to a constructive debate on the future of legal services regulation in Scotland.”

President of the Law Society of Scotland, Ken Dalling said that “some of the options presented in the government’s consultation risk undoing much of what already works well within the current system”.

“We know the cost of legal services is one of the biggest barriers to people getting the advice they need. Yet the paper presents an option of creating a brand-new regulatory body, adding substantial costs which consumers would ultimately have to bear.

“This threatens the competitiveness of the Scottish legal sector, just as we recover from the Covid pandemic, and risks a loss of jobs to other parts of the UK.”

Neil Stevenson, chief executive of the Scottish Legal Complaints Commission, said: “We believe there is a real opportunity to make regulation more targeted, more effective and more efficient. And polling has shown that the public want to see a system that is independent, accountable and transparent.

“The time has come for fundamental reform to create a future-proofed regulatory system – one that is fit for today’s changing legal services landscape, and able to adapt to future challenges and opportunities.

“Reforming the regulation of legal services could have real benefits for all. For the legal sector it should mean more proportionate regulation, based on the work they do and the risk it carries for the public interest and for consumers.

“For people needing to access legal services it should provide greater confidence in doing so, knowing that the protections they expect are in place.”

Respond to the consultation here