Radical plans to bring Scotland’s legal system into the modern era include moves to introduce new powers to suspend solicitors suspected of serious wrongdoing, protecting the term "lawyer" and provisions to keep pace with the growing use of artificial intelligence (AI).
The way legal services are currently regulated is outdated and "in drastic need of modernisation", according to the professional body for Scottish solicitors.
The Law Society of Scotland says the present legal framework surrounding the profession is a patchwork of inconsistent and ageing legislation that is "no longer fit for purpose".
READ MORE: The Law Society's ideas are understandable but seem like wishful thinking
It has called for a wide range of reforms which it argues will help the sector to keep pace with global developments and improve protection for consumers.
Graham Matthews, president of the Law Society of Scotland, said: "There has been enormous change within the sector in recent years and the current system - some of which is almost 40 years old - is struggling to meet the demands of today's fast-changing legal market.
"That's why we have called for completely new, flexible legislation which will allow much needed reforms and ensure we have a regulatory framework that is fit for purpose, addresses the challenges of modern legal practice - from cross-border working to technological advances enabling AI legal advice - and which puts protecting consumers at its core over the long term."
The body has set out its proposals in a detailed paper submitted to an independent review of legal services regulation.
It described the current system as "outdated, in drastic need of modernisation and no longer fit for purpose" and stated: "We recognise this important opportunity to deliver a regulatory system that is fit for purpose, addresses the challenges of modern legal practice and works more effectively for those who depend on it, solicitors and consumers."
READ MORE: The Law Society's ideas are understandable but seem like wishful thinking
It continued: "The present legal framework surrounding the Scottish legal profession is a patchwork of inconsistent and increasingly outdated legislation.
"The changes made over the last 40 years have created a jigsaw framework that is no longer working as effectively as it could, either for the profession or for consumers. We have identified 50 sections of the 1980 Solicitors (Scotland) Act which are problematic and not fit for purpose."
The organisation has put forward 11 recommendations for change, including overhauling the legal complaints system, which it says is overly complex, expensive and lacks proper oversight.
Further recommendations include expanding consumer protections to currently unregulated areas of legal services, regulating firms operating beyond Scotland and widening the society's membership to improve standards amongst other legal professionals.
The society is also calling for the term "lawyer" to be protected, in the same way the word "solicitor" is. It is a criminal offence for anybody to pretend to be a solicitor but there are no such restrictions around the use of the term "lawyer".
It also recommends any new regulatory system "makes provision for the regulation of legal services provided remotely by artificial intelligence".
READ MORE: The Law Society's ideas are understandable but seem like wishful thinking
Mr Matthews added: "We believe the scale of the changes needed justifies a new, single piece of enabling and permissible legislation that can adapt to changes within the sector over the next four decades and beyond.
"Any new prescriptive legislation, or simply making further amendments to existing legislation will quickly be outdated."
The Scottish legal sector provides for over 20,000 jobs and generates more than £1.2 billion for the economy every year.
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