Regulating the Legal Profession

 

The role of the Lord President

The Lord President is the head of the Scottish judiciary and has the ultimate responsibility for regulating the legal profession in Scotland.

This vital role is held on behalf of the Court of Session, Scotland’s highest civil court. As part of this role, the Lord President oversees the Faculty of Advocates, Law Society of Scotland, Association of Construction Attorneys and the Scottish Solicitors’ Discipline Tribunal. He also has statutory functions in relation to the Scottish Legal Complaints Commission.

Lord Pentland

The Lord President, Lord Pentland

It is imperative that responsibility for regulating the legal profession lies with the Court and the Lord President in order to ensure the independence of the judiciary and the legal profession. This  guarantees that the legal profession is independent of government and free from any kind of political pressure. It also protects the rule of law and the rights of citizens. This is important because citizens can have disputes with the government and may need to seek legal advice on those matters. Independence from government ensures lawyers can give their clients advice without ‘fear or favour’. 

The Scottish legal profession is made up of lawyers such as advocates; solicitors; and construction attorneys. Day-to-day regulation of advocates, solicitors, and construction attorneys is carried out by their professional bodies, the Faculty of Advocates, the Law Society of Scotland and the Association of Construction Attorneys.

As the Lord President oversees the entire framework of legal regulation in Scotland, he adopts a strategic approach to regulatory matters. Through regular engagement with the regulators and other bodies with regulatory functions in Scotland, the Scottish Government and consumer interest groups, the Lord President identifies common issues that need to be addressed within the regulatory framework which he can facilitate with the resolution of any difficulties. The Lord President also identifies where these bodies can work together to share best practice and success in order that improvements can be made across the regulatory system.

All lawyers  are officers of the court, whether they appear in court or not, and owe certain duties to the court and to the public. The rules regulating the profession are based on independence, impartiality and integrity. The rules applying to each branch of the profession apply equally to all members and inform every piece of advice given to a client. Those values remain for members of the legal profession who become members of the judiciary.

The Court plays a role in shaping the standards expected of legal professionals, for example, in deciding negligence actions and highlighting in its judgments (rulings) good or bad practice by lawyers. Statutory appeals against determinations of the Scottish Legal Complaints Commission are currently heard and decided by the Court of Session (its Inner House). Regulation by the Court ensures strong and effective oversight of the professions by experts and frank, frequent and respected dialogue with the regulators .

The Court of Session also has responsibility for admitting people to the public office of advocate or removing them from that office.

Another of the important ways in which the Lord President carries out his oversight role is by considering, and if content, approving rules made by the regulators. Any changes to the rules regulating the professions must be approved by the Lord President, who will take into account all the relevant information before considering, revising and, if content, granting approval for the change.

The Lord President must approve:

  • rules prepared by the Law Society of Scotland in relation to training (including in respect of those wishing to be granted higher rights of audience), professional practice, conduct and discipline, accounts, professional indemnity, conduct and practice for conveyancers and executory practitioners, and the admission, enrolment and professional practice of notaries public;
  • rules prepared by the Scottish Solicitors’ Discipline Tribunal in relation to its practice and procedure; and
  • rules prepared by the Faculty of Advocates relating to professional practice, conduct or discipline.

The Lord President, and the Court of Session, play a role in the operation of the Scottish Legal Complaints Commission (SLCC). The Court currently oversees the complaints process by considering appeals against decisions made by the Commission. Members of the SLCC are appointed by the Scottish Ministers after they have consulted with the Lord President. The chair of the SLCC may not remove a member from office without the agreement of the Lord President of the Court of Session. The Lord President may remove the chair from office if the Lord President considers that certain conditions have been fulfilled.

Following considerable discussion and debate about reforms to the framework for legal services regulation in Scotland, (see Reform of legal services regulation in Scotland below) the Regulation of Legal Services (Scotland) Act 2025 received Royal Assent on 27 June 2025.

The 2025 Act will make important improvements to the regulatory framework, including a significant expansion of the Lord President’s existing functions. Its provisions are coming into force on a phased basis. These improvements will be beneficial to the consumers of legal services and the legal professionals who are subject to regulation. In the Lord President’s view, it is crucial that the implementation of the 2025 Act is delivered in timescales that work for all of the regulatory authorities. All of them must also work together, where appropriate, to share best practice and tackle cross-cutting regulatory issues. This should improve standards across the profession, which not only benefit consumers but help maintain the Scottish legal profession’s excellent reputation across the world.

As announced on 16 December 2025, the Lord President has appointed Lord Ericht as the Regulatory Judge to support with the implementation and exercise of his significant new functions under the 2025 Act. The Lord President has asked Lord Ericht to oversee the detailed work required to implement the 2025 Act. The Lord President retains his decision-making responsibilities and oversight of all regulatory matters. 

For more information on the Lord President’s role, see a table of the statutory functions the Lord President exercises in regulating the legal profession. This table has been updated to reflect the new functions that will be available to the Lord President when the relevant provisions of the 2025 Act come into force.

Further information about the important work that the Lord President has carried out and overseen in 2025/2026 is available in the first Annual Regulatory Report, published on 9 September 2026. 

Reform of Legal Services Regulation in Scotland

Roberton Review

In April 2017, Esther Roberton was invited to chair an Independent Review of Legal Services Regulation in Scotland. The Chair’s Report 'Fit for the Future – Report of the Independent Review of Legal Services Regulation in Scotland' was published in October 2018.

The principal recommendation of the Roberton Review would have removed the power to regulate the legal profession from the judiciary and transfer it to a body responsible to parliament. In its response, the senior judiciary expressed grave concerns at the Review’s failure to recognise the constitutional importance of the independence of the legal profession, its importance in helping secure the independence of the judiciary and thus, the rule of law. 

Read the senior judiciary’s response to the Roberton Report.


Scottish Government consultation

The Scottish Government consulted on the regulation of the legal services between October and December 2021, seeking views on the recommendations of the Roberton Report. The senior judiciary responded to this consultation. Within their response, they pointed out the need for the regulation of the legal profession to remain independent of the government and parliament to ensure that the rights of citizens and the rule of law are protected. The senior judiciary considered that improvements could be made within the practice of the system without removing the regulatory role and powers of the Lord President which safeguard the independence of the judiciary and the legal profession.

Read an executive summary of the senior judiciary’s response. 

Read the full response submitted by the senior judiciary.

 

The Regulation of Legal Services (Scotland) Bill

The Scottish Government introduced the Regulation of Legal Services (Scotland) Bill on 20 April 2023. Paragraph 5 of the accompanying policy memorandum states that:

 “The overarching policy objective of this Bill is to provide a modern, forward-looking regulatory framework for Scotland that will best promote competition, innovation, and the public and consumer interest in an efficient, effective, and efficient legal sector. The Bill will implement a number of key recommendations from the ‘Independent Review of Legal Services Regulation in Scotland’ by Esther Roberton (the Roberton report)."

 

The Equalities, Human Rights and Civil Justice Committee, the lead committee for the Bill, launched its call for views on the Regulation of Legal Services (Scotland) Bill on 31 May 2023. The senior judiciary responded to the call for views on 8 August 2023. The senior judiciary highlighted their concerns about the threat the Bill, as introduced, posed to the independence of the judiciary and the legal profession.

 

Read an executive summary of the senior judiciary’s response.

Read the full response submitted by the senior judiciary.

You can find more information about the background of the Regulation of Legal Services (Scotland) Bill  on the Scottish Parliament website: Regulation of Legal Services (Scotland) Bill | Scottish Parliament Website.

 

The Regulation of Legal Services (Scotland) Act 2025

The Regulation of Legal Services (Scotland) Act 2025 received Royal Assent on 27 June 2025.

The first set of commencement regulations came into force on 5 March 2026 and can be accessed here: The Regulation of Legal Services (Scotland) Act 2025 (Commencement No. 1) Regulations 2026. Discussions are ongoing as to what provisions of the 2025 Act should be commenced in the near future.  

The Act can be accessed via  the following link: Regulation of Legal Services (Scotland) Act 2025.