The response states that such regulation “seems to us more important than tinkering with titles such as lawyer. In our view making ‘lawyer’ a restricted term will provide no consumer protection whatever and it is not articulated in the consultation how it would. Experience from the financial services industry shows that it is easy to sidestep a regulated title by adopting an alternative. Regulating the term ‘lawyer’ merely has the potential to suggest that there is yet another legal professional category in addition to solicitor and advocate”.

Mr Swinton adds: “In seeking to define legal services many studies have concluded that consumers turn to a variety of sources for advice in relation to problems which can be classified as legal. This ranges from asking friends and family to instructing lawyers. This spectrum from the very informal and free to the fully qualified professional presents a difficulty in definition.

“It is sensible to set a clear perimeter around legal advice for which payment can legitimately be asked. The current regulated perimeter surrounds a small area. Thus representation in court and the drawing of conveyances are restricted to authorised practitioners. On the other hand, will writing and confirmation work is currently unregulated.

“There is provision for the regulation of the latter in Part 3 of the 2010 Act but these provisions are not yet in force. In our view there is a real risk of consumer detriment in relation to such services remaining unregulated, with inadequate or absent indemnity insurance and runoff cover. Wills can be lost when will writing firms cease trading whereas the Law Society of Scotland has powers to appoint a judicial factor to solicitors’ practices in such circumstances in order to safeguard client interests. None of the will writing trade associations of which we are aware have any consumer representation, effective disciplinary processes or proper safeguards on admission of members in relation to qualifications and background checks. None has any equivalent consumer redress to the SLCC nor the LSS Client Protection Fund. This all needs to be addressed.”