A NEW poll in Scotland shows that members of the public want to see restrictions on who can refer to themselves as a lawyer.
There are current and long standing legal restrictions on who can call themselves solicitors or advocates. However, there is no such restriction on the use of the term lawyer with anyone able to use that title, even those without any legal education.
The most infamous example in recent years was Giovanni Di Stefano, the self-styled “Devil’s Advocate” who claimed he was a lawyer as he tried to take over Dundee Football club. Di Stefano fooled many people around the world, including media news teams, with his claims to be the lawyer representing, among others, Ian Brady, Harold Shipman, Saddam Hussein and Osama Bin Laden.
In 2013, Di Stefano was sentenced to 14 years in prison, still claiming in court that he was a lawyer because he had asked Serbian president Slobodan Milosevic for an honorary law degree and got one.
The Law Society of Scotland is now calling for the term “lawyer” to be used only by those who have recognised legal qualifications and are regulated, as is the case for solicitors and advocates. Its recommendation is backed by independent research, which found that almost nine out of 10 Scottish adults – 87 per cent – think there should be restrictions on who can describe his or herself as a lawyer.
The findings follow on from previous research which highlighted that nearly two-thirds of consumers did not recognise the difference between a solicitor and a lawyer.
Law Society of Scotland President Graham Matthews warned that a lack of clarity may mean consumers are unaware that they are seeking advice from an unregulated legal adviser rather than a fully qualified, insured and regulated Scottish solicitor.
He said: “The terms solicitor and lawyer are often used interchangeably, with a public perception that all lawyers are fully qualified and regulated. However, it is not necessary for someone to have any kind of qualification, knowledge or experience in law or to be regulated to be able to call themselves a lawyer. While all solicitors can be referred to as lawyers, not everyone who calls themselves a lawyer is entitled to call themselves a solicitor.
“A Scottish solicitor must complete many years of legal study, gain the necessary qualifications, undertake a two-year traineeship and professional training every year, and comply with a code of ethics and the Law Society’s rules and guidance, giving the public reassurance and confidence in their professional standards and abilities.
“We know from research carried out in 2014 that the vast majority of people – at 95 per cent of those surveyed – consider their solicitor to be trustworthy.”
The Law Society has also said that the current review of legal services presents an opportunity to fully assess the scope of the unregulated legal sector in Scotland.
Matthews added: “It is important that everyone who needs legal advice finds the right professional for their particular circumstances safe in the knowledge that there are public protections in place in the unfortunate event of anything going wrong.
“While substantially less than one per cent of solicitors’ work results in any kind of complaint, consumers are assured that there are clear processes in place to be able to seek redress if necessary.
“We have an opportunity to find out just how widespread the unreg- ulated legal sector is in Scotland while the legal services review is ongoing.
“We will urge the independent review to recommend reforms to make sure all those who seek legal advice are afforded proper protections.”
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