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The restrictions affecting the Scottish legal system could be harming consumers and should be lifted, the Office of Fair Trading (OFT) says.
In Scotland there are restrictions on advocates’ business structures, third party entry into the market, and direct consumer access to advocates.
The OFT’s decision to recommend lifting these restrictions follows a super-complaint from Which?, arguing that the restrictions prevent legal services providers in Scotland from adapting their businesses to best fit the needs of Scottish consumers.
The OFT concluded that the restrictions are unnecessary and believes there would be benefits to consumers if they were lifted, such as efficiency gains and higher levels of innovation in the provision of legal services. The Scottish Executive has agreed to respond formally to the OFT’s recommendations within 90 days.
Kyla Brand, OFT representative in Scotland, says: “Scotland’s legal services are hugely important for individuals and businesses—they underpin economic success and have always done so. The OFT wishes to see them grow and innovate, competing on equal terms with providers across the UK.”
The full response can be downloaded at www.oft.gov.uk.
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