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Referendum on legal services reform
The Council of the Law Society of Scotland is to hold a referendum on its policy of supporting alternative business structures - a policy that was upheld by members at the Law Society's AGM in 2008.
The move is in response to a formal call by the Scottish Law Agents Society (SLAS) for a Special General Meeting, initiated in order to discover "the profession’s views on the issue of the external ownership of law practices".
The ability to provide legal services through a range of different business models is one of the more controversial proposals in the Scottish Government’s Legal Services (Scotland) Bill, which is currently making its way through the Scottish Parliament. It will open the door to business structures that are currently prohibited - such as allowing non-solicitor partners, working in partnership with other professionals (multi-disciplinary practices (MDPs), and external ownership.
The SGM was due to take place on 25th March at Murrayfield Stadium in Edinburgh, but may now be put on hold following a decision by the Law Society Council to hold a referendum.
“The Council of the Society met today (Friday 5th March) to discuss its response to the requisition of a Special General Meeting," said Law Society President, Ian Smart. "The motion before the SGM proposes overturning the Society’s existing policy, which supports alternative business structures, as decided by the solicitors’ profession at the 2008 AGM."
“The Council was conscious that the critics of that decision continued to claim that the vote was not representative of the profession," he explained. "The Council decided that another general meeting would not resolve the issue and concluded that a referendum of all members will confirm that the 2008 vote reflected the clear majority view of the profession."
The Council and SLAS are now in discussions about the referendum and the consequences for the SGM, said Mr Smart.
