Scottish Government

ISBN 0 7559 4937 4

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Contents

Executive summary

Chapter 1: Introduction
Background
Remit of Research Working Group

Chapter 2: Setting the scene
The regulatory framework for legal services in Scotland
Governance and competition
Legal aid reform, community legal services and the Public Defence Solicitors' Office

Chapter 3: Legal services markets in Scotland
Research methodology
Interview findings
Stakeholder perspectives
Conclusions
Characteristics of legal services markets in Scotland : tables

Chapter 4: Legal education and legal careers in Scotland
Restrictions on entry to the profession of solicitor
Restrictions on entry to the profession of advocate

Chapter 5: Professional rules with potential implications for competition in the Scottish legal services market
Restriction on practice as a principal
Restriction on receiving a payment for referring a client
Legal professional privilege
Restriction on solicitor advocates and advocates appearing together
The "cab rank" rule

Chapter 6: Restrictions on advertising
Advertising by solicitors
Advertising by advocates
Communication and quality of information flow between legal practitioners and the various users of legal services

Chapter 7: Restriction on direct access to advocates

Chapter 8: Restrictions on business structures
Restriction on partnerships between advocates
Restrictions on non-lawyers owning law firms and on employed solicitors acting for third parties
Legal disciplinary practices
Multi-disciplinary practices

Chapter 9: Rules of court : curators and reporters

Chapter 10: Legal fees and the taxation of legal costs
Part I : Introduction
Part II : Solicitors' fees
Part III : Advocates' fees
Part IV : Funding of litigation
Part V : Funding of legal aid cases
Part VI : Functions of the auditor of court in relation to taxation of fees

Chapter 11: Title of Queen's Counsel

Chapter 12: Comparative review of the availability to non-lawyers of rights of audience and rights to conduct litigation

Annex A: Membership of the Research Working Group
Annex B: Note by the Law Society of Scotland on the restriction on setting up in practice (the three year rule)
Annex C: Extracts from former Scottish Office research on solicitor advocates
Annex D: Letter from the Society of Solicitor Advocates of 10 September 2004
Annex E: Multi-disciplinary practices
Annex F: Law Society of Scotland practice guideline on form of accounts and taxation
Annex G: Law Society of Scotland Cost of Time Survey
Annex H: Letter from the Society of Sheriff Court Auditors of 2 November 2005