Who really wants to be a lawyer anyway?

The Regulation of Legal Services (Scotland) Act 2025 (“the Act”) restricts the use of the title lawyer, which may have significant consequences for patent and trade mark attorneys in Scotland.

In September 1990, a very fresh-faced Colin Hulme arrived at The University of Dundee having just got off the boat from Belfast.

“I was extremely excited about the prospect of starting to study law,” he recalls.

“I hate to admit it, but my student years involved vastly more time spent in the law library than the students’ union. In my first year as a law student, I spent more on photocopying than I did on beer – I was a complete legal geek. After a few days as a law student, I considered myself to be a lawyer. I was proud to be so. A lawyer was someone who worked in the law – which I really did!”

However, such free use of the title “lawyer” is soon to change.

In Scotland, once the Act is in force, using the title “lawyer” will be protected, and providers who are not authorised under the Act (including some patent or trade mark attorneys who are otherwise regulated by the Intellectual Property Regulation Board (IPReg)) may be prevented from describing themselves as lawyers or regulated legal services providers.

Scottish regime: key provisions and effect

Under the Act, the term “legal services” is defined in section 5 and includes, for example, giving legal advice, preparing legal documents, or representing someone in legal disputes. Some trade mark and patent attorney services fall within this definition. The Act differentiates between “legal services providers” and “legal businesses”. A legal services provider is any person or body who delivers legal services, whether or not directly to the public. A legal business, by contrast, is a business that provides or offers to provide legal services to the public for fee, gain, or reward, and must be authorised under the Act. Section 39 makes it an offence for a legal business to operate without authorisation, while section 40 creates an offence of falsely presenting oneself as an authorised legal business.  

The Act also introduces protection of professional titles. Section 90 makes it a criminal offence to use the title “lawyer” unless the individual or business is authorised under the Act, while section 91 makes it an offence to pretend to be a regulated legal services provider. These provisions clarify who may formally use the title “lawyer” and are particularly relevant for professionals, such as patent and trade mark attorneys, whose activities are likely to fall within the definition of legal services under the Act.

In effect, once the relevant sections are in force, any person who uses the title “lawyer” in the context of providing or offering to provide legal services for fee, gain or reward, when they are not an authorised legal business or regulated provider under the Act, will commit an offence. The Scottish Government explains that this change is intended to protect consumers who might assume that someone calling themselves a “lawyer” is qualified and regulated.

For example, a patent or trade mark attorney in Scotland who provides legal services but is not authorised as a legal business under the Act would not be able to call themselves an authorised legal business (s. 40), use the title “lawyer” (s. 90), or describe themselves as a regulated legal services provider (s. 91).

How is this different to England & Wales?

We are not aware of any plans for the title “lawyer” to become protected in England and Wales: anyone may call themselves a “lawyer” even if they have no formal qualification or regulation. In England and Wales, the statutory offences focus on mis-describing oneself as a “solicitor”, “barrister”, or other regulated title under section 21 of the Solicitors Act 1974 or section 181 of the Legal Services Act 2007.

Therefore, in England and Wales, a patent or trade mark attorney (who may be regulated by IPReg) can still market themselves as a “lawyer” (though obviously they may not use the protected titles “solicitor” or “barrister”). By contrast, in Scotland, after the relevant provisions of the Act come into force, using the title “lawyer” when not authorised to do so under the Act will be an offence.

Why does this matter for patent and trade mark attorneys?

If a patent or trade mark attorney (or firm) in Scotland is providing legal services activity (such as advice on intellectual property rights, enforcement or litigation), then they must be cautious. They are still able to provide non-reserved services, but they cannot use the title “lawyer” or suggest they are a regulated legal services provider under the Act. If they do, they risk committing the offences under sections 90 and 91 of the Act.

Next steps

It is important to note that much of the Act is not yet in force including, the provisions regulating use of the title “lawyer”. It is not yet clear when that will happen. However, in the meantime, patent and trade mark attorneys and firms should monitor official sources such as the Scottish Government for updates. Staying informed will be important to ensure compliance and to understand when the new rules around the protected title “lawyer” will apply.  

So, our advice for any 2026 legal geeks starting out at university? You should be incredibly proud to have begun your first steps into the legal profession – it is wonderful. However, if you wish to claim to be a lawyer – perhaps only whisper it in hushed tones to the librarians.  

If you would like to discuss the issues above, contact our IP team. 

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