4 September 2025
Dear Mr White
Thank you for your letter dated 21 August 2025.
Regulatory action
We wish to reassure you that the Law Society is taking all appropriate steps available to it in relation to this matter.
As we have previously explained, while we do not have the same powers as the SRA, we continue to monitor the activity of Jones Whyte and to exercise the powers we do have. As you know, unlike the position in England & Wales, the current statutory regime in Scotland does not allow the Law Society of Scotland to publish information in relation to live regulatory matters. Indeed, in some instances, it is a criminal offence for us to do so. We can and do communicate fully with parties to conduct complaints in relation to their own complaint.
We appreciate that former clients of Mcclures and others are frustrated by the perceived lack of transparency. We have long argued for greater transparency in the Scottish system which is why we tabled amendments to the Regulation of Legal Services (Scotland) Bill which could address some of the significant legal restrictions currently placed upon us and allow the Society to be more open and transparent in such situations in future. We are delighted that the final Regulation of Legal Services (Scotland) Act 2025 will allow us to publish much more information when the relevant provisions come into force.
Nevertheless, for now, such restrictions remain.
New Rules and Guidance
The new Rules and Guidance were considered at the Society’s AGM at the end of June 2025. The proposed new Rules will require law firms to maintain a central record of trusts where the firm or solicitors at the firm are involved as trustees in their professional capacity. They will also place new obligations on firms which take custody of another law firm’s clients’ assets, including trusts, to identify the owners as soon as practicable, as well as assess any action required to protect clients’ best interests and ensure they safeguard these assets in the same way as for their own clients.
The full text of these Rules and Guidance are available on our website.
The statutory process in relation to creating or amending Rules requires the Regulatory Committee to consider any comments raised by members about Rules at the AGM. The relevant comments were considered by the Regulatory Committee at its August meeting (the Committee does not meet in July). Minor amendments to the Guidance were agreed. Under the statutory process, the Rules will now be sent to the Lord President for his final approval before returning to the Regulatory Committee to formally make the Rules. Subject to the Lord President’s capacity, we anticipate that the new Rules and Guidance will be made before the end of 2025.
Yours sincerely
David A Gordon
Convener, Regulatory Committee