Bill introduced to criminalise unqualified people acting as lawyers

The Scottish Government has introduced a Bill which would criminalise unqualified people acting as lawyers.

The Regulation of Legal Services (Scotland) Bill was introduced to Holyrood on Friday, aiming to simplify the complaints process in the legal services sector.

It also includes the provision that the drafting of documents or carrying out of some legal duties must be done by someone with training.

The legislation allows for the Scottish Government to determine what can and cannot be done by an “unqualified person”.

If backed by MSPs, the legislation would also – for the first time – mean complaints could be made about unregulated legal professionals such as will writers or mediators.

Community safety minister Siobhian Brown said: “As a service which is often accessed by people during times of great stress or trauma, improvements to the regulatory structure are needed to further support people’s access to justice.

“By ensuring Scotland has a forward-looking legal regulatory framework, we will promote competition and innovation while ensuring that consumer interests are safeguarded.

“Measures such as preventing unqualified people from calling themselves lawyers will instil greater consumer confidence by providing more protections and choice.

“The Scottish Government is committed to reform, and will continue to engage stakeholders representing both consumer and legal perspectives as this legislation proceeds through Parliament.”

But one of the key regulators, the Law Society of Scotland, said some parts of the proposed laws are “deeply alarming”.

Society president Murray Etherington said provisions in the Bill will give ministers the ability to intervene in regulation.

“One of the most important roles of the legal sector is to challenge Government on behalf of clients and hold it to account,” he said.

“The proposed new power allowing Scottish ministers to intervene directly in regulation risks seriously undermining the independence of the legal profession from the state.

“This is clearly unacceptable and needs removed from the Bill by the Scottish Parliament as the Bill progresses.

“There is still an opportunity to use this Bill as a catalyst for real, positive and long-lasting change.

“Maintaining professional standards and protecting clients is some of the Law Society’s most important public interest work.

“However, much of the existing legislation on regulation is now over 40 years old and is simply unfit for today’s modern and diverse legal sector.

“This is why we went to the Scottish Government almost a decade ago, asking for change.

“The complaints system in particular needs reformed to make it quicker and simpler for the benefit of all involved.

“There is also a chance to better protect consumers from unqualified providers of legal services, especially when things go wrong.”