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UK Competition and Markets Authority to research Scottish legal services market

The Competition and Markets Authority has issued the following press release regarding its impending research into certain aspects of the Scottish legal services market to support the Scottish Government’s response to the Roberton Review.


The following release was published 17 June 2019.

This work has been prompted by the Roberton Review, an Independent Review of Legal Services Regulation in Scotland, and will provide evidence to assist the Scottish Government in determining how to take forward the recommendations made by that report. Led by Esther Roberton, that Review made a number of recommendations, including that there should be a single independent body to regulate the legal profession, set standards and handle complaints.

Building on work already done as part of the Competition and Market Authority’s (CMA) market study into the supply of legal services in England and Wales, this work will examine whether there is evidence of a lack of competition among legal services providers in Scotland, as was the case in England and Wales.

The research will also focus on:

  • the benefits of independent regulation of legal services in Scotland and whether the current institutional arrangement – where the bodies regulating the professions are also those representing and lobbying for them – dampens competition
  • the impact of the current legal services regulatory framework in Scotland on competition, particularly on innovation and the entry of new business models to the market

It is the CMA’s first Scotland-specific project since the expansion of its Edinburgh office last year to help the organisation better identify and resolve issues that harm Scottish consumers.

The CMA has today also published a document setting out its views on the Roberton Review’s recommendations. The CMA welcomes the review, which has sparked a debate about how to ensure the regulation of Scottish legal service providers delivers value for money and choice for consumers, as well as benefitting businesses and the economy.

The CMA intends to publish its findings in early 2020. More information can be found through the CMA here.

Notes to editors

  1. The Independent Review of the Regulation of Legal Services, led by Esther Roberton, was invited by the Scottish Government to review the regulation of legal services in Scotland. It reported in October 2018

The Law Society of Scotland proposes reforms to legal services regulation

The Law Society of Scotland has called for wide-ranging reforms that will allow it to keep pace with global developments within the sector and improve consumer protection. It has set out a series of recommendations in its submission to an independent review of legal services regulation which include expanding consumer protections to currently unregulated areas of legal services, regulating firms operating beyond Scotland and overhauling the legal complaints system, which it says is overly complex, expensive and lacks proper oversight.

The recommendations also include:

  • expanding consumer protections to currently unregulated areas of legal services
  • better regulation of legal firms as entities in addition to the regulation of individual solicitors to better protect consumers
  • new powers to suspend solicitors suspected of serious wrongdoing
  • widening the Law Society’s membership to improve standards amongst other legal professionals
  • protection of the term ‘lawyer’ to mean those who are legally trained and are regulated
  • The repeal of the Solicitors (Scotland) Act 1980 and those parts of the Legal Profession and Legal Aid (Scotland) Act 2007 which relate to the regulation of legal services and for the introduction of new enabling and permissible legislation for the regulation of legal services in Scotland and the Scottish solicitor profession, with the flexibility to move with the times and which allows for proactive regulation to ensure consumer protections remain robust.
  • Amending those sections of the Legal Services (Scotland) Act 2010 which relate to the regulation of legal services and the Scottish solicitor profession to address the difficulties in interpretation and application.
  • A new regulatory framework allowing for the flexibility for the Society to seek approval from the Legal Services Board to be an authorised regulator for those multi-national practices operating in Scotland.
  • That any new regulatory framework makes provision for the regulation of legal services provided remotely by artificial intelligence.
  • Retaining an independent professional body for the regulation and professional support of the Scottish solicitor profession.
  • Retaining a separate and independent discipline tribunal for decisions in serious cases of professional misconduct.
  • That all legal service providers providing services direct to the consumer be regulated, strengthening consumer protections and enhancing consumer confidence in the Scottish legal sector.
  • That the term ‘lawyer’ be a protected term, in the same way as solicitor, and only those able to demonstrate recognised legal qualifications, and who are regulated, are permitted to use the term.
  • That primary legislation provides the permissible powers for the Law Society of Scotland to extend entity regulation to those firms wholly owned by solicitors.
  • That a new system for dealing with complaints about legal services and solicitors is introduced, recognising the paramount aim to protect consumers whilst allowing the Society to continue to deal with the professional discipline of its members, and adopting relevant processes to make the system speedy, effective and efficient whilst recognising the differences between consumer redress and professional discipline.
  • That primary legislation provides for the permissible power for the Law Society of Scotland to open up membership to non-solicitors.

Read the full submission – The Case for Change: Revisited

Attitudes to dishonesty by health and care professionals

This research looks at public and professional attitudes towards dishonest behaviour by health and care professionals. The researchers used qualitative methods to explore responses to a number of scenarios based on real-life cases of professional dishonesty.

The research was commissioned by the Professional Standards Authority (PSA), which oversees the work of nine statutory healthcare regulators UK, and conducted by independent research agency Policis.

Broadly, the report finds that healthcare professionals and the public share a common moral framework and a shared understanding of what constitutes aggravating and mitigating factors.

Read report on PSA website

Read copy of report on ICLR.net

80% of major jurisdictions use central qualifying assessment

In an international benchmarking exercise, the Solicitors Regulation Authority (SRA) in England and Wales finds that almost 80% of the jurisdictions surveyed have a common assessment as part of lawyer qualification.

Press release on SRA website

Report on SRA website