SLCC: Changes to solicitor regulation should focus on risk to clients and the public

The Scottish Legal Complaints Commission(SLCC) has responded to two Law Society of Scotland consultations on the future of regulation of the solicitor profession in Scotland.

In responding, the SLCC welcomed the opportunity to contribute to the modernisation of the regulatory system.

In response to the Society’s consultation on entity regulation, the SLCC said that the Society and the Scottish government should consider a risk based approach, which starts with a focus on risk to clients and the public.

It added that it is important any new regulatory regime is fully evolved, proportionate and targeted and that it should be subject to detailed consultation before any legislative changes are made.

This should also include considering how the other bodies in the sector would play their part and what additional powers may be needed. This could include new ways of working to assist consumer choice and ensure that complaints are addressed effectively.

Chief executive of the SLCC, Neil Stevenson said: “the regulation of legal services has developed piecemeal over the last century with each new piece of legislation or regulation building on the last, often with reactive changes to particular problems that had been encountered. “

“We support the discussion of entity regulation, but would want to ensure any new legislation delivered real results for users of legal services, results that justify the cost of legislation and of the sector adapting to a new model”

“As an organisation we have a unique insight into the service standards delivered to clients.

“Analysing over 5000 cases, we have identified key trends, and use that data in our response to suggest that targeting the areas that lead to greatest regulatory cost across complaints, insurance, and the Guarantee Fund (such as conveyancing) and the issues that most affect clients (like failure to communicate, delays, and failure to follow instructions) might be more appropriate, proportionate and effective than a focus on business models. “

“I’m grateful to the members of our independent legal services Consumer Panel, a statutory group which the SLCC support and work with, for helping ensure our response focussed on the client and public experience of legal services.”

The SLCC also welcomed the consultation on the future of the Guarantee Fund.