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Ministerial Foreword
Scotland needs a
justice system that is accessible, efficient and fair. I am
committed to reforming and modernising our justice services
to meet the needs of all those who use them - whether in
the civil or criminal courts. We need a justice system
which delivers the right service, in the right place, at
the right time and for the right price.
People need to be able to get access to justice services
at critical stages in their lives. A healthy justice system
needs the legal profession to be efficiently and
effectively organised and regulated in a transparent and
accountable way.
Most people receive an excellent professional service
from their lawyer. However, when things go wrong, the
complaints process can seem slow and unresponsive. Clients
with a justified complaint expect it to be handled well and
resolved to their satisfaction.
It is also in the interests of lawyers themselves to
deal with complaints effectively, to learn from mistakes
and to improve their service. Lapses from high standards,
however rare, can have severe consequences for their
clients. That is why an efficient, transparent and
accountable complaints handling system is essential.
Good progress has already been made in improving the
regulation of the legal profession. More lay people are now
involved in complaints processes. The Law Society of
Scotland now has powers to delegate decisions on complaints
to its Client Relations Committees. It has increased the
number of staff involved and reduced delays in responding
to complaints.
But more needs to be done. I am committed to reforms
which will put the users of legal services at the heart of
regulatory arrangements, which will make the system more
representative of the public interest and which will build
public confidence in complaints handling.
This consultation paper invites your views on how we can
best achieve this. It takes account of recommendations made
by the former Justice 1 Committee in the report of its
inquiry into regulation of the legal profession. Where
appropriate, recommendations made by Sir David Clementi in
his review of the regulatory framework for legal services
in England and Wales, have also been considered.
I want to see improved public confidence in the way
legal complaints are handled in Scotland. The views of
those who use legal services and those who provide them are
both essential to the reform process. I look forward to
your contribution to delivering the improvements we all
want to see.
CATHY JAMIESON, MSP
Minister for Justice
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