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Scots say legal services should be independently regulated and McKenzie Friends allowed

01 February 2010

With the Legal Services (Scotland) Bill currently going through the Scottish Parliament, new research from Which?* shows that around seven in ten Scots (71%) think that legal services should be regulated independently.

What’s more, around six in ten (59%) think it is important that lay people should make up the majority of a profession’s regulator or disciplinary board.

And 85% of Scots thought it would be useful if a scheme was introduced in Scotland whereby people that couldn't find or afford a lawyer to represent them in court could have the help and support of a knowledgeable non-lawyer or friend in court (known as a McKenzie Friend) if the judge allows it.

The Legal Services Bill will enable Scottish consumers to access legal services from a range of organisations, not just traditional law firms. This should lead to improved standards of customer service and greater efficiency, improving price and quality for consumers.

Which? principal public affairs officer, Julia Clarke, says:

“We think it’s vitally important that legal services in Scotland are regulated by a fully independent body as we feel this is the only way consumers can have complete trust in the system.

“However, the Legal Services Bill will deliver great improvements for people using legal services in Scotland, and we also look forward to party litigants having the right to the support of a McKenzie Friend in court.”


Notes to Editor


* 1,012 adults (aged 18+) across Scotland were questioned on the Progressive Scottish Opinion telephone omnibus. Results are weighted to 1011 adults to be representative of adults in Scotland.

May 2007 - Which? lodged a super-complaint with the Office of Fair Trading (OFT) about legal services in Scotland, arguing that existing regulation of the industry was harming consumers’ interests.

July 2007 - The OFT responded to the super-complaint, agreeing that reforms to the Scottish legal services industry proposed by Which? would benefit consumers.

The Legal Services Bill is at Stage 1 of its progress.