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An independent review of the system of rights of audience in the Supreme Courts today published its draft findings for comment.

The review was commissioned by Justice Secretary Kenny MacAskill last September, following concerns expressed by the Lord Justice Clerk Lord Gill in an Appeal Court ruling, and a call for a review by the Law Society of Scotland.

The main recommendations of the review, which is chaired by Senior Scottish Investment Banker Ben Thomson, are:

• A universal standard examination for admission as a pleader in the Supreme Courts should be established and all pleaders should be reviewed on a regular cycle
• There should be one code of conduct for all pleaders
• The complaints process should be enhanced and provide for one process for advocates and solicitor advocates

Ben Thomson said:

"There is a great deal that we can be proud of in our legal profession in Scotland, and I believe that maintaining the two separate branches of the profession preserves our strong Scottish traditions and encourages healthy competition. However it is apparent that there are different rules and conventions surrounding advocates and solicitor advocates which can cause issues.

"Our recommendations look to address these issues, by proposing a common qualification, common standards, and a common monitoring and complaints process for all pleaders. We have been pleased to see that there is widespread support for these proposals amongst those with whom we have discussed them."

Kenny MacAskill said:

"I welcome the publication of this draft report - it is an important step in the review process and provides an opportunity for stakeholders to comment."

Comments are now being invited on the draft report. The review is expected to publish its final report in March.

Comments should be submitted by February 19, 2010 to thomsonreview@scotland.gsi.gov.uk

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