Question reference: S6W-26515
- Asked by: Michael Matheson, MSP for Falkirk West, Scottish National Party
- Date lodged: 3 April 2024
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Current status: Answered by Siobhian Brown on 23 April 2024
Question
To ask the Scottish Government, in light of the reported collapse of McClure Solicitors, what action it can take to (a) support the firm's clients and (b) prevent similar situations occurring in the future.
Answer
The Scottish Government is aware of this matter and appreciates the distress this will have caused to those affected.
The Scottish Government encourages those with concerns to seek advice from the Law Society of Scotland or the Scottish Legal Complaints Commission. If a client is dissatisfied with the service or conduct of a Scottish solicitor, they have the right to complain. The Scottish Legal Complaints Commission (SLCC) is the gateway for all complaints about solicitors in Scotland.
The Law Society of Scotland have published an information page on their website to assist those affected. McClures Jones Whyte FAQs | Law Society of Scotland (lawscot.org.uk)
The Scottish Government has taken proactive steps to mitigate against such a situation in future. The Regulation of Legal Services (Scotland) Bill introduces the authorisation of legal businesses, bringing benefits such as greater consistency in regulating legal firms, enabling the Law Society of Scotland as the regulator to identify and address deficiencies early.
The Trusts and Succession (Scotland) Act made a number of important changes to how trusts are administered and how trustees are appointed or removed, to respond to the practical difficulties that co-trustees may have in removing a trustee who was appointed as a trustee in their professional capacity, and is no longer a member of their profession.