Justice for Scotland coalition launched

A coalition of Scottish solicitors including Thompsons Solicitors, the Glasgow Bar Association, Govan Law Centre and others, have come together under the principle of 'Justice for Scotland' to reject 'Tesco Law' and call for better legal services for Scotland's citizens and communities.

Solicitor Advocate and Senior Partner at Thompsons, Frank Maguire said:
"We need to refocus our legal services on Scotland’s communities and citizens. They deserve better. We need to send a message to the Scottish Government to think again. We must reform our Law Society as it has shown itself incapable of representing all of those trying to render a legal service in Scotland now and in the future".

"We must seek to re-affirm, through any such reform, the principles crucial to the administration of justice. We must also ensure that the legal service is preserved and improved across the whole range of needs of the Scottish people and their communities. Scottish solicitors can join us to begin to make this happen and ensure you vote NO; NO by noon, 7 April 2010".

The coalition's campaign website is here: Justice for Scotland, and all Scottish solicitors are invited to join, add their voice, and ensure that they vote, 'NO; NO' by noon, 7 April 2010.

Justice for Scotland coalition launched

‘Tesco law’ open to abuse by gangsters

The Herald reports that plans to allow Scottish law firms to use outside investors would increase the risk of money-laundering and allow drug barons to expand their empires, according to one of the country’s most senior lawyers.

Frank Maguire, senior partner at Thompsons Solicitors, one of the Glasgow’s largest firms, fears the so-called “Tesco law” will undermine his profession’s integrity and independence by allowing firms to be able to raise capital from outside investors, while banks and supermarkets could offer a full range of legal services.

The proposed changes, contained in a Bill currently going through the Scottish Parliament, have divided Scotland’s 10,500 solicitors, and the arguments are becoming increasingly heated. Mr Maguire believes that by allowing non-lawyers to open legal services will be a blessing only for organised crime as it would be impossible to monitor whether those running the new firms had criminal records.

Mr Maguire told The Herald: "If you had a legal firm, or someone wanted to set up a legal services-provider, that could in future be done by a drug baron who could use it as a legitimate front to launder money. If we opened up legal services then sophisticated organised criminal networks would be able to run them or put their own people in place".

"The financial memorandum says there is £1,300 to monitor whether those opening new firms have criminal records. Even £100,000 would not cover it. It means putting in jeopardy the independence and integrity of the legal profession. Those working in such businesses would not even have to be lawyers under the Bill. They could be legal service-providers with just one lawyer".

‘Tesco law’ open to abuse by gangsters

Complaint to Electoral Reform Society

GLC has lodged a complaint with the Electoral Reform Society (ERS) in relation to the wording of the two questions in the forthcoming Law Society of Scotland referendum on ABS or 'Tesco Law'. The letter to the ERS is reproduced below.

Mr Andrew Burns
The Chairman
The Electoral Reform Society
6 Chancel Street
London
SE1 0UU

Dear Mr Burns

Law Society of Scotland (LSS) referendum on ‘Alternative Business Structures’ – internet-based voting system operated by the Electoral Reform Society (ERS) on behalf of the LSS

I am a Scottish solicitor, and a member of the Law Society of Scotland. I note that my Law Society has instructed the ERS to undertake an electronic referendum of all solicitors in Scotland on two questions concerning the proposed introduction of ‘Alternative Business Structures’ to Scotland.

I am aware of the first class reputation of the ERS and am therefore puzzled as to why you would put your good name and reputation to a referendum whereby the questions posed are biased, conditional and heavily weighted in favour of one particular outcome, namely ABS? This is the favoured policy of the governing body of the LSS, notwithstanding that it is now clearly opposed by many within the Scottish legal profession. For example, the first question posed is thus:

"Do you support in principle the introduction of Alternative Business Structures ("ABSs") to Scotland as long as there are appropriate safeguards to protect the core values of the legal profession and there is an equivalence of regulation between ABSs and traditional firms?"

This question predetermines the answer by making a value judgement that there will be ‘appropriate safeguards’ to protect the independence of solicitors' legal services to the public. But that is the very issue which is being debated amongst solicitors in Scotland. Separately, the question as framed is tautological (‘a statement that is true of necessity or by its logical form’).

Can you please advise whether the ERS had any involvement in the framing of the referendum questions? Can you please advise whether it is you policy as a UK body which promotes fair and democratic elections to take part in a voting procedure which is patently undemocratic by reason of the use of ‘loaded’ or ‘leading questions’?

Finally, can you please advise on your formal complaints process (and please treat this letter as a formal complaint) as I am concerned that the LSS will use the good reputation of the ERS to give credibility and respect to its flawed referendum on this occasion.

Yours faithfully

Mike Dailly
Principal Solicitor

Complaint to Electoral Reform Society

Democracy shamed and silenced

More than 3,200 Scottish solicitors were disenfranchised and silenced today when the President of the Law Society of Scotland, Ian Smart, used a technicality to deny them a vote on whether to embrace or reject ‘Tesco Law’ (Alternative Business Structures or ‘ABS’).

Despite Mr Smart having previously challenged opponents of Tesco Law to ‘bring it on’, he faced a humiliating defeat today which he, Council members, and a small number of multi-millionaire big firm partners refused to face for fear of certain defeat.

Approximately, 2,300 solicitors had granted proxy votes against Tesco Law, with only around 921 in favour of the Law Society’s position. As the prospect of defeat presented itself to the Law Society’s minority elite they tried desperately to nobble the democratic will of the majority opposition.

They called for a comfort break, and asked opponents if they would agree to a restriction on external ownership whereby ABS providers would be required to have a majority of solicitors. The opposition agreed to enter into dialogue after the SGM but refused to compromise their motion, and pressed for a vote.

Facing certain defeat, Scotland’s Law Society President called for the meeting to be adjourned and seized upon a technical rule whereby only those present in the room could vote, resulting in over 3,000 proxy member votes being discounted. The net result was that 70 members of the profession – including around 50 Council members and a handful of multi-millionaires – voted to disenfranchise the democratic will of over 3,200 members.

GLC’s Principal Solicitor raised two points of order at the meeting. The first noted that given over 3,200 members had cast their vote by proxy, it would be undemocratic to deny them a voice in the future of our profession, and that the spirit of the debate required their voice to be heard and respected. This concern was rejected by Vice President, Jamie Millar of Brodies Solicitors, who chaired the SGM.

Secondly, Mike called for a vote of 'no confidence' in the Society’s President, Ian Smart, who had presided over the most undemocratic period in the Law Society of Scotland’s history, and by denying 3,200 members a voice in this debate had brought the legal profession into disrepute. This call was rejected by Mr Millar as incompetent.

GLC’s Principal Solicitor said:
“This is a dark day for Scotland’s legal profession. Democracy has been shamed, denied and abused by a small elite of 70 members, against the clear will and voice of of 2,300 members who had voted against Tesco Law. The Council of our Society has lost all credibility today. You can deny a democratic vote by filibuster or technicality, but the only loser is the reputation of our profession which now lies in tatters after this affront to democracy”.

A report on proceedings at the SGM is in The Times (Friday, 26 March 2010) here, and in The Scotsman here.

Democracy shamed and silenced

Law Society rigs referendum question

As Scottish solicitors cast their votes in the 'Tesco Law' referendum (whether to embrace or reject the external ownership of law firms by non-solicitors) the Law Society has chosen to use a ‘loaded’ question, heavily weighted in its favour.

The referendum question chosen by the Society predetermines the answer by making a value judgement that there will be ‘appropriate safeguards’ to protect the independence of solicitors' legal services to the public. But that is the very issue which is hotly contested in the Legal Services (Scotland) Bill. Also, the question as framed is tautological (‘a statement that is true of necessity or by its logical form’). The question asked is:

"Do you support in principle the introduction of Alternative Business Structures ("ABSs") to Scotland as long as there are appropriate safeguards to protect the core values of the legal profession and there is an equivalence of regulation between ABSs and traditional firms?"

Govan Law Centre’s Principal Solicitor, Mike Dailly, said:

"At the heart of the Tesco Law debate is the concern there would be inappropriate safeguards to prevent solicitors being influenced by a vested corporate agenda to the detriment of the public. For the Law Society to phrase its question to assume there would be safeguards is nothing more than a shameless attempt to procure a yes vote."

"The international and UK established practice in referenda is for questions to be framed as neutral, simple and unconditional, and for both sides of the argument to have a fair and level playing field when it comes to campaigning. That hasn’t happened as the Society has deployed all its staff and resources to campaign for a Tesco Law 'yes' vote. But now the referendum itself has been rigged by a loaded question".

"The Law Society’s President Ian Smart should hang his head in shame. The question should be reset in neutral terms, and Mr Smart should resign forthwith for presiding over the most unfair and undemocratic process in the history of the Law Society of Scotland".

GLC suggests the question should be framed in simple, neutral and unbiased terms:

Question: Do you support the introduction of Alternative Business Structures to Scotland?"

YES

NO

Law Society rigs referendum question