Legal services regulation reform: consultation analysis

Part 1 Strategic Change, Vision and Key Aspects of the Regulatory Model

Introduction

The consultation document set out a range of principles, objectives, key outcomes and criteria which the Scottish Government would seek to apply to any regulatory framework going forward. These were developed through consideration of the Roberton Report, existing principles and objectives contained in the Legal Services (Scotland) Act 2010, and discussion with partners. Respondents were asked to indicate how important they considered each to be for any future regulatory model.

Question 1

Q1. From the options listed, how important do you think each of the following principles and objectives are for any future regulatory model for legal services in Scotland?

The figure below shows that most respondents felt that all the proposed principles and objectives were important for any future regulatory model.

Those that were considered to be the most important included:

• Supporting the constitutional principle of the rule of law - 96% suggested this was important overall (92% felt it was very important);
• Protecting and promoting the public interest including the interests of users of legal services - 96% also felt this this was important overall (91% indicated this was very important); and
• Promoting independent legal professions and maintaining adherence to the professional principles - 94% felt this was important overall (85% stated this was very important).

Those elements which received the largest share of respondents who felt they should be removed, included:

• Promoting innovation, diversity and competition in the provision of legal services - 8% felt it was not important and a further 13% suggested this should be removed;
• Working collaboratively with consumer, legal professional bodies, and representatives of legal service providers as appropriate - 5% felt this was not important and a further 9% thought this should be removed; and
• Embedding the better regulation principles throughout its areas of responsibility (additionality; agility, independence, prevention, improvement, consideration of cost, and efficiency) - 2% indicated this was not important and a further 9% felt this should be removed.

Question 2

Q2. From the options listed, how important do you think each of the following are in supporting the framework of any future regulation?

Again, most respondents agreed that all options presented would be important in supporting the framework of any future regulation.

As shown in the chart below, those elements which received the highest levels of support included:

• Uphold the rule of law and the proper administration of justice - 99% felt this was important to some degree (93% indicating this was very important);
• Offer accountability in protecting the public and consumer interest - 97% said this was important to some extent (86% said this was very important); and
• Secure the confidence and trust of the public - 96% felt this was important to some extent (84% indicated it was very important).

Only one element recorded over 10% who felt it was either not important or should be removed, namely:

• Enable future growth of legal services - 10% felt this was not important and a further 7% thought this should be removed.

Question 3

Q3. From the options listed, how important do you think each of the following criteria is in a regulatory framework?

As at both Q1 and Q2, most respondents again agreed that all options presented were important to some degree in a regulatory framework, with between 85% and 94% indicating they were either very or somewhat important.

As the chart below shows, those considered to be the most important were:

• Efficient - 94% thought this was important overall (74% felt this was very important); and
• Support and promote sustainable legal services, which benefit consumers - 93% indicated this was important overall (74% stated this was very important).

While representing only a minority of views, the following options generated the highest levels of respondents who felt they were either not important or should be removed:

• Risk based - 6% indicated this was not important and 8% said this should be removed;
• Agile - 8% stated this was not important and 6% said it should be removed; and
• Outcomes based - 6% said this was not important while 9% indicated it should be removed.