A coalition of independent Scottish law firms is pressing for reform arguing that Scotland is being left years behind England and Wales, where Alternative Business Structures (ABS) has operated since 2011 and driven investment and innovation.
The ABS Scotland Group believes the launch and support contradicts the Law Society of Scotland’s recent assertion that there is “no interest” in ABS, with nearly 20 firms joining the group even before it officially formed.
The group launched today [24th November] with 18 members including major independent law firms, is spearheading efforts to bring Alternative Business Structures (ABS) to life north of the border.
Led by three managing partners, Rob Aberdein of Simpson & Marwick, Marie Macdonald of Miller Samuel Hill Brown, and Brian Inkster of Inksters, the group aims to unlock reforms that would allow law firms to offer equity to non-lawyers, access investment, and tackle a looming succession crisis across the sector.
The group says the Law Society of Scotland has imposed unnecessary, multiple delays – most recently a two-year pause justified by a claimed “lack of interest”, despite mounting evidence to the contrary.
Rob Aberdein said: “Scotland is now completely out of step with the rest of Great Britain. Non-lawyer ownership has been delivering clear benefits in England and Wales for more than a decade, from investment to innovation. Yet here, we’re still being told to wait.”
“To claim there is no interest is simply untrue. We’ve seen nearly 20 firms step forward to join this group before it even launched. That should send a clear message: the profession is ready, the market is ready. The only thing missing is Law Society regulation, support and acceptance.”
ABS Scotland Group has attracted members from across the profession, including Harper Macleod, MacDonald Henderson and Jones Whyte, as well as several independent and high street firms from Kirkwall to Kirkcudbright.
While England and Wales have embraced ABS since 2011, Scottish firms remain unable to offer ownership to vital non-legal colleagues, a restriction the group says is holding back growth, diversity and innovation.
ABS enables non-lawyers to hold equity in law firms, offering flexibility and modernisation. That, the group argues, is vital for a sector where few young lawyers want partnership and succession planning is increasingly urgent. Recent Law Society research shows only 29 per cent of younger solicitors aspire to partnership, with nearly half saying they have no interest at all.
Marie Macdonald said: “ABS is about attracting investment, retaining talent, and offering more choice for consumers. Critically, it’s also about succession. More than 40 per cent of Scottish law firms are sole practitioners. If they retire without a successor, the business dies with them. While the demographics of Scotland’s legal workforce have transformed in recent decades, the model of ownership remains largely unchanged, still rooted in traditions that have gone unchallenged for centuries.
“ABS opens the door to new models that exist for other professional services. That could be employee ownership, outside investment, or involving key non-legal team members in ownership. These are practical solutions to urgent problems.”
ABS Scotland is also urging the Law Society of Scotland to reconsider its most recent two-year pause on progressing ABS regulation, claiming it could further delay reforms for as long as five years. They are calling on the Society to open the door to applications immediately, and to accept the group’s offer of forming a subcommittee to assist with delivery.
Brian Inkster said: “When ABS was first introduced in England and Wales, there were loud warnings about so-called ‘Tesco Law’ – fears that large corporates would erode professional standards or push out traditional firms. But those concerns simply haven’t materialised. In fact, what we’ve seen is a more diverse, innovative legal sector that’s still underpinned by strong regulation and ethical practice. Scotland now has the chance to take a similarly balanced approach, but we need to get on with it.”
