New laws should improve ‘everyday experience’ for those in need of legal help
Holyrood announced it had passed the Regulation of Legal Services (Scotland) Bill on Tuesday.
Ministers say newly-passed legal service laws should improve the “everyday experience of people who need legal help”.
On Tuesday, the Scottish Parliament passed the Regulation of Legal Services (Scotland) Bill, which aims to improve how such services are regulated in Scotland.
It is also hoped the new laws will introduce a more flexible and consumer-focused system that provides clearer and swifter redress for complaints through greater transparency and accountability.
The Scottish Government says the Bill will simplify regulatory structures and will promote innovation and competition, with the goal of increasing access to justice.
It will also remove restrictions on third sectors – allowing charities to support those in need of legal aid more freely.
The legislation ensures regulation remains independent and fair by empowering The Lord President to better oversee and improve the functions of legal services within Scotland, upholding the high standards of Scotland’s legal community
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.
“The Bill is about improving the everyday experience of people who need legal help and ensuring that legal services are delivered in a way that is fair, equitable and accessible for all and making it better equipped to serve the people of Scotland in an ever-evolving legal landscape.
“The journey of this Bill has been a rigorous and collaborative process, involving extensive consultation, including with the legal sector and consumers, to ensure it reflects the interests of all those who interact with the legal system.”
The passing of the Bill follows a decade of campaigning from the Law Society of Scotland.
David Gordon, lay convener of the Law Society of Scotland’s Regulatory Committee, said: “The legislation delivers long overdue changes that allow us to be a faster and more effective regulator and provides for more robust consumer protections.
“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’ expectations.
“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. 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 who may not differentiate between a ‘solicitor’ and a ‘lawyer’ and could potentially be misled and, if something goes wrong, may have no proper course to redress.”
Susan Murray, president of the Law Society of Scotland, added: “This legislative development is progressive, both for the profession and for consumers of legal services.
“My thanks go to our Society colleagues, for their significant work on the Bill since its publication early last year.
“The new legislation will assure a regulatory system that is fit for the 21st century, delivering tangible benefits for our clients and creating new opportunities for our members to thrive.
“We look forward to working with government colleagues and other stakeholders, to ensure that these significant regulatory changes are successfully implemented.”
