11 February 2025
Dear Mr Ghibaldan,
Thank you for your letter of 29 January 2025.
Like you, we are pleased that the SRA has agreed a formal compliance plan with Jones Whyte. To confirm, the Law Society does not currently have the same powers as the SRA. As and when the Regulation of Legal Services (Scotland) Bill is passed by the Scottish Parliament and receives Royal Assent, we will be able to move forward with developing new rules for ‘authorised legal businesses’. These will provide us with additional powers over firms at an entity level. We will of course consult widely on these rules, as will be required by the Bill, including with Consumer Scotland.
While we do not currently have the same extent of powers as the SRA, we continue (along with the SRA) to monitor Jones Whyte’s progress generally and to press them to complete the work we expect of them in relation to Scottish clients within strict timescales.
In relation to a stakeholder meeting, we are not sure what could be discussed which would not also be at risk of interfering and conflicting with our current legal duties in regulation. While this remains a frustration to us, we are obviously required to follow the law as it has been set down by Parliament.
It would be helpful if you could clarify exactly what issues would be discussed at a meeting and the specific intended objectives.
I look forward to hearing from you.
Yours sincerely
David A. Gordon
Regulatory Committee Convenor