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Call to shake up legal services Call to shake up legal services
(about 2 hours later)
The Office of Fair Trading has asked ministers and the legal profession to lift restrictions on the way legal services are provided in Scotland.The Office of Fair Trading has asked ministers and the legal profession to lift restrictions on the way legal services are provided in Scotland.
It made a range of recommendations after examining a complaint by consumer group Which?It made a range of recommendations after examining a complaint by consumer group Which?
The OFT agreed there should be an end to a number of restrictions, including those on direct access to advocates and on third parties entering the market. The OFT said there should be an end to a number of restrictions, such as those on third parties entering the market.
But the Tories voiced concerns that big businesses would "cherry-pick" the most profitable legal work.
The Scottish Executive said it would respond to the report within 90 days.The Scottish Executive said it would respond to the report within 90 days.
The OFT wants ministers to publish a policy statement by the end of the year outlining how the restrictions should be lifted.
READ THE RESPONSE The OFT recommendations in full [139KB] Most computers will open this document automatically, but you may need Adobe Reader Download the reader hereREAD THE RESPONSE The OFT recommendations in full [139KB] Most computers will open this document automatically, but you may need Adobe Reader Download the reader here
The OFT wants ministers to publish a policy statement by the end of the year outlining how the restrictions should be lifted.
Which? had argued that the current rules prevented those in the legal profession from adapting their business to best fit the needs of Scottish consumers.Which? had argued that the current rules prevented those in the legal profession from adapting their business to best fit the needs of Scottish consumers.
At present, lawyers cannot go into partnership with non-lawyers.At present, lawyers cannot go into partnership with non-lawyers.
However, the OFT believes consumers would benefit if these "alternative business structures" were overhauled.However, the OFT believes consumers would benefit if these "alternative business structures" were overhauled.
Kyla Brand, of the OFT in Scotland, said: "We're saying that we do agree there are unnecessary restrictions in the ways in which law firms are allowed to organise themselves and the way that advocates set up their business structures.Kyla Brand, of the OFT in Scotland, said: "We're saying that we do agree there are unnecessary restrictions in the ways in which law firms are allowed to organise themselves and the way that advocates set up their business structures.
These changes would exacerbate the effect the supermarkets have already had on our High Streets with the closure of so many local shops Bill AitkenTory justice spokesman
"This is an issue for the Scottish Executive and legal bodies to consider and take steps to lift."This is an issue for the Scottish Executive and legal bodies to consider and take steps to lift.
"We are convinced that consumers will benefit if lawyers arrange their businesses differently.""We are convinced that consumers will benefit if lawyers arrange their businesses differently."
Actively engaged
The changes could allow banks and supermarkets to enter the market, but Ms Brand said the executive could attach criteria which set out the kind of institutions which could get involved.The changes could allow banks and supermarkets to enter the market, but Ms Brand said the executive could attach criteria which set out the kind of institutions which could get involved.
The recommendations were welcomed by the Law Society of Scotland.The recommendations were welcomed by the Law Society of Scotland.
Chief executive Douglas Mill said: "The society is keenly aware of the competing interests involved, which include ensuring access to justice, competition in the legal services market and consumer protection, and has been actively engaged in the debate on the provision of legal services both in Scotland and south of the border."Chief executive Douglas Mill said: "The society is keenly aware of the competing interests involved, which include ensuring access to justice, competition in the legal services market and consumer protection, and has been actively engaged in the debate on the provision of legal services both in Scotland and south of the border."
Local firms
However, Scottish Conservative justice spokesman Bill Aitken urged the executive to reject the recommendations.
"I am concerned that these proposals would result in big businesses muscling their way onto our High Streets and cherry-picking the most profitable legal work," he said.
"Smaller, local law firms offering a wide range of services are a vital part of many communities.
We are determined to continue our tradition of service by maintaining our high standard of specialism in advocacy Faculty of Advocates
"These changes would exacerbate the effect the supermarkets have already had on our High Streets with the closure of so many local shops."
The Faculty of Advocate said it was committed to working with the executive to ensure that its services were available in the best form.
"We are firmly of the view that an independent referral Bar is an essential part of legal services and we know that our system of working and training has produced many excellent advocates who have served the courts and consumers in Scotland well," said a spokesman.
"We believe that the best practice model for advocacy is that of the independent practitioner who takes responsibility for his or her own work and who is available for those who require his or her services wherever they may be needed, in Scotland and beyond.
"The market will choose the best advocate for the job, and we are determined to continue our tradition of service by maintaining our high standard of specialism in advocacy."