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Last Updated: Thursday, 2 March 2006, 11:13 GMT
Legal complaints shake-up planned
Law Society of Scotland panel
The bill calls for a new independent body to investigate complaints
Lawyers in Scotland could be forced to pay up to �20,000 in compensation if they mishandle work for a client.

The proposal is contained in the Legal Profession and Legal Aid (Scotland) Bill, which was published on Thursday.

The bill would also widen the range of legal representations and create an independent body to investigate complaints against lawyers.

At present, the Law Society of Scotland regulates the country's solicitors and handles complaints about their conduct.

Other measures in the bill include streamlining the administration of legal aid.

LEGAL SERVICES BILL
Wider range of legal service suppliers able to apply to provide representation in court
Creation of a Scottish Legal Complaints Commission, independent of the legal profession
transferring the power to grant legal aid in solemn cases from the courts to the Scottish Legal Aid Board
Improved access to advisors with appropriate skills and expertise

Under the new system, complainers would take their grievance to an independent commission, where non-lawyers would form the majority.

The commission could cut legal bills and order compensation if the complaint was upheld.

Serious misconduct claims, such as alleged fraud, would still go to the Scottish Solicitors Disciplinary Tribunal.

The society backed the creation of an independent body to investigate complaints following a consultation last year.

Deputy Justice Minister Hugh Henry said: "For many years the legal system has worked hard to deliver excellent, professional services.

"However, consumers now look for more from the services they use.

"They want and deserve more choice, tailored services, transparency and confidence that when things go wrong - their complaints will be handled fairly and efficiently."

The Scottish Legal Complaints Commission would take over the role of the Scottish Legal Services Ombudsman in overseeing the way professional bodies handle conduct complaints and would have the power to enforce its recommendations.

Graeme Millar, chairman of the Scottish Consumer Council, said: "We very much welcome this bill, which will increase not only consumer choice, but also public confidence in the justice system."


SEE ALSO:
Lawyers back complaints shake-up
29 Nov 05 |  Scotland
Legal complaints increase sharply
19 Jul 05 |  Scotland
Sharp rise in legal complaints
19 May 04 |  Scotland


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