Professional briefing - The Journal Online

f paralegal
recovery. Certainly, organisations
delivering legal services have required
to re-evaluate their business models
and their positioning within the
Scottish legal services market generally,
to ensure their sustainability.
A commitment from the Society to
launch the registered paralegal
scheme, in what remain challenging
times, is therefore meaningful. The
consultation on the policy paper
outlining the framework of the
scheme, which reflects the market we
are now in whilst holding to the
principle that regulation of paralegals
Comment from the SPA
The Scottish Paralegal Association
was formed in 1993 in response to
the growth of the paralegal
profession in Scotland. In the early
days it was a challenge simply to
obtain recognition of an additional
tier which was neither legal
secretary nor solicitor.
Traditionally paralegals rose from
the ranks of skilled legal secretaries.
Today we also see paralegals
entering the profession direct from
college and university or
transferring from other industries.
As a result, paralegals in Scotland
today work in a range of legal
arenas from the traditional high
street practice to in-house
commercial concerns, government
and financial institutions. You will
find paralegals selling and
purchasing your dream home,
drafting wills or dealing with the
estate of a loved one, settling
disputes with your neighbour, or
processing your remortgage.
The SPA believes not only that
paralegals should be promoted and
gain the recognition they deserve,
but that standards are an absolute
necessity to our integrity and respect
as an emerging profession. Standards
to us mean firmly established
membership criteria, a code of
conduct, a grading structure, inoffice
experience and the
requirement to maintain CPD. Given
the increasing use of paralegals in
both the public and private sectors
www.lawscotjobs.co.uk
is essential, runs from 30 November
2009 to 28 January 2010. It can be
accessed at www.lawscot.org.uk/
paralegals, or contact
registeredparalegals@lawscot.org.uk
for further information.
The proposed launch in spring/
summer 2010 will be a definitive step
for the Scottish solicitor and paralegal
professions. Please take the time to
share your views.
Collette Paterson is Deputy Director
(Education and Training Policy) at the
Law Society of Scotland
we believe that it is in the best
interests of paralegals, clients and
employers as a whole that the person
undertaking the provision of legal
services ought to meet certain criteria
and be regulated to ensure that the
criteria are met.
The Legal Services Bill has made
proposals which will change the
face of legal services in this
country. It is not unrealistic to
expect, in some areas at least, the
emergence of services where there
is one supervising solicitor to many
paralegals. It is therefore all the
more important that the person
who is dealing with a transaction
is regulated as competent, able
and fit to do so.
Delays as a result of the
economic downturn have been
unavoidable, but we are delighted
to see our work with the Society, in
developing the “Law Society of
Scotland Registered Paralegal”
scheme, proceeding with the final
consultation. This is an opportunity
to add your voice and views to the
proposed scheme. It is important
that we receive as many responses
as possible from all interested
parties to ensure that this scheme is
fit for purpose and delivers what
you expect.
Karen Leslie and Alison Butters are
practising paralegals and Joint
Presidents of the Scottish Paralegal
Association
Guidance and
rules from SLCC
The Scottish Legal
Complaints Commission
(SLCC) has issued its first
guidance to the
professional bodies to
ensure legal firms tell their
clients about the SLCC at
the earliest opportunity,
and has also announced a
change to its rules.
The guidance states:
“Practitioners should
ensure that clients, or
others, who may wish to
express dissatisfaction
with a practitioner or firm,
should be advised of the
SLCC as the appropriate
gateway for complaints at
an appropriate time.”
SLCC Chair, Jane Irvine
commented: “This may be
when they issue a letter of
engagement, or as a
complaint arises, or at the
point an internal complaint
system concludes without
resolution, but it is for the
practitioners to determine
the appropriate time.
“We recognise the SLCC
is a second tier complaint
system and practitioners
must have the opportunity
to resolve complaints in
the first instance – and we
hope they continue to do
this. We will, however,
monitor how well
practitioners are adhering
to the guidance.”
The SLCC wants to
ensure that solicitors’
firms and advocates
inform their clients where
to take their complaint if it
cannot be resolved. It has
asked the Society, the
Faculty of Advocates and
the Association of
Commercial Attorneys to
issue the guidance to their
members so that every
practitioner member has
one point of reference for
all professional guidance.
SLCC rules have also
been updated to reflect its
experience of complaint
handling over the last year.
Whereas under the old rules
it was mandatory that a
complaint be dealt with by
a practitioner before the
SLCC would investigate it,
the Commission will now, in
exceptional circumstances,
accept some complaints
directly without the need for
the practitioner to have first
looked at them, for example
where a serious allegation
of misconduct is made.
Ms Irvine said:
“We feel this is a very
important change for
both consumers and
practitioners as it
recognises that there may
be exceptional situations
where further dialogue
between them is not
desirable.”
First reported on
www.journalonline.co.uk
At the end of December or early in January the
SLCC will publish its draft budget, levy and case fee
structure for the year from 1 July 2010. The Society
will be invited to comment in January/February.
The Commission is keen to hear, not only from
the professional bodies, but also individual
members, and the Society also encourages
members to express their views.
Any members with observations or comments on
the level of the levy, the categories and/or the
individual case fees are asked to copy them to
reg@lawscot.org.uk, so they can inform the
Society’s own response.
December 09 theJournal / 27