Legal regulation amendments must remove political control of lawyers

The Law Society of Scotland has urged that new amendments to the Regulation of Legal Services (Scotland) Bill, lodged in the Scottish Parliament, must fulfill the government’s promise to remove political control over the legal profession. The Bill, originally introduced in April 2023, proposed sweeping new powers that would allow the Scottish Government to directly intervene in legal services regulation, a move that drew strong opposition from the judiciary and international legal organizations.

Critics, including Scotland’s senior judges and the International Bar Association, warned that these proposals could undermine the independence of the legal profession, exposing Scotland’s legal system to political abuse. In response to widespread concern, the government pledged to reverse its stance and introduce amendments to protect legal independence. Over 300 government amendments were published this week, with more expected.

Susan Murray, President of the Law Society, welcomed the amendments but emphasized that they require careful scrutiny to ensure they fully eliminate political interference. She stressed the fundamental importance of allowing lawyers to act independently, particularly when challenging government overreach or defending clients against state prosecution. The Law Society remains committed to ensuring that the government’s pledge to remove political control is fully reflected in the final version of the Bill.

Beyond addressing political interference, the Law Society is also advocating for additional amendments to expand its regulatory powers to protect the public interest. David Gordon, Convener of the Regulatory Committee, highlighted the need for stronger powers to suspend solicitors, accelerate complaint resolutions, and impose conditions on law firms—measures that were missing from the original Bill. He emphasized that these changes would help ensure greater accountability and maintain public trust in the Scottish legal profession.

The Law Society of Scotland continues to engage with the Scottish Government to secure these necessary reforms, ensuring that the Bill strengthens regulation without compromising the independence of lawyers.

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