NOBODY is in any doubt that the world has changed since 2008, when solicitors voted in favour of reforms which would allow them to adopt new business structures or remain as a traditional solicitors' firm. That change has been devastating, and the p
rofession has suffered.
However, as Scottish businesses retrench and rebuild, the opportunity to adopt a new business structure, as a result of the Legal Service (Scotland) Bill, could be a key part of legal firms' future success. What the Bill does is offer the legal profession new options of how they can operate in the fast-paced, modern marketplace.
If they choose to have non-solicitors on their boards, or to look at raising some level of external capital, should this be obstructed? The Law Society should be endeavouring to help the profession be as competitive as possible and to help it thrive. We have lots of talent in Scotland and we want to see those with drive remain here.
The Bill is not without criticism. The Law Society itself is pressing hard for amendments to ensure independence of the profession and retention of its values and ethics – and we are making progress.
Scotland's legal profession cannot stand still. The changes that may come are not about ceding independence – in fact, Fergus Ewing MSP announced this week that he would bring forward amendments to remove controversial aspects of the Bill about the society's ruling council – and it is not about driving forward compulsory change. It is about providing choice and opportunity for all.
Solicitors are being consulted on types of new legal businesses that could be allowed and how they should be regulated. We also want to encourage members to vote in next week's referendum to have a say in shaping the future of their profession as we need a legal profession that is flexible, modern and competitive. Alternative business structures as permitted by this Bill are not the whole answer, but could certainly be part of it.
Lorna Jack is chief executive of the Law Society of Scotland