Businessman Seeks To Challenge Scottish Legal System

by Robin Pilgrim, LawAndTax-News.com, London

01 December 2003

Businessman and owner of the Scottishlawyer.com domain name, Tommy Butler is determined to force change in the Scottish legal system, according to a report from technology news service, The Register last week.

Mr Butler was, until earlier this year, also the owner of the lawscot.co.uk domain name, much to the annoyance of the Scottish Law Society, which had registered the term as a trademark (albeit after Mr Butler applied for ownership of the domain name).

During the ensuing court battle, (which was eventually settled by the Law Society for £10,000), a strange anomaly with regard to the Scottish legal system emerged.

Under Scottish law, all solicitors wishing to practice in the country must be members of the Law Society. However, as Mr Butler was in dispute with the Law Society, this meant that he could not find a lawyer to represent his case against the industry body, nor could he bring in counsel from outside of Scotland.

Eventually, the businessman decided to hire an English lawyer, who in turn hired a Scottish lawyer to represent him. However, when the case actually came to court, the English lawyer failed to turn up, and the Scottish lawyer withdrew.

According to The Register, Mr Butler is arguing that this state of affairs contravenes free trade rules, and is hoping to force a change in Scottish law whereby lawyers will be able to practice in the country independently of the Law Society.

He appears to have some pretty powerful support for his case, according to the news service, which revealed that:

"The OFT (Office of Fair Trading) recently revealed that while it was not able to change Scottish law, it had advocated changes in the law put forward by the Scottish Executive that would allow lawyers not part of the Law Society to provide legal services."

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