ROGUE lawyers get off lightly because their independent regulatory body is not tough enough, according to the public's watchdog.

Scottish Legal Services Ombudsman, Mr Garry Watson, said he was often surprised at the seemingly lenient sanctions imposed by the Scottish Solicitors' Disciplinary Tribunal against those who fail their clients and bring the profession into disrepute.

He said he had seen cases where a practising certificate had merely been restricted when the solicitor should have been struck off. Modest fines were also inappropriate penalties for serious failings in conduct or practice.

''There is an apparent leniency in regard to the tribunal's disposals which concerns me,'' he said.

Mr Watson said the Law Society of Scotland was more robust in its approach towards disciplining solicitors than the tribunal.

In his annual report, he said he would have been asking the Government to intervene directly in regulating the profession but for the positive responses both from the Law Society and the Faculty of Advocates to his previous calls for improvements to their complaints services.

The new Dean of the Faculty had ordered a review, the results of which are expected shortly, and the Law Society had cut the size of complaints committees, increased lay representation, and tightened up review procedures.

Last year the society dealt with 1481 complaints. On appeal, the ombudsman gave an opinion on 128 and criticised the society's handling in 59. The criticism was accepted in half of these cases by the Law Society.

Mr Watson said much progress had been made in reducing long delays in dealing with complaints but more resources were needed for the society to deal with the workload and the increasing complexity of complaints.

''Complainers should receive the same quality of service they could expect that a competent solicitor would offer a client,'' he said.

Mr Watson said the society had failed to follow his recommendation requiring solicitors to send out an engagement letter to clients after their first meeting, outlining details of the case and the work, and likely fees involved.

''If these matters were clarified at the beginning, there would be far fewer complaints. I had high hopes that this would be the year of breakthrough but it hasn't happened,'' he said.

Mr Watson said the proposal had the support of the Law Society secretary and president. But it was not a routine procedure adopted by most lawyers at present, and merely issuing guidelines on the subject was not enough.

''I have to conclude that the conservative elements within the council of the Law Society have prevented this recommendation from being accepted,'' he said.

Overall, he said, there were many positive signs in Scotland, certainly compared to the problems in England, where the complaint rate against solicitors was twice as high.

''With commitment, resources and determination, I believe a satisfactory service can be provided although there are always going to be complaints because of the complexity and nature of legal matters,'' Mr Watson said.

He said self-regulation of the legal profession could only be maintained if the public had confidence in the fairness and efficiency of the system.

''Independent regulation does not necessarily equate, in my view, to a tougher regime and greater protection for the public. Indeed, I detect a more robust approach towards the discipline of solicitors from the Law Society than from the independent tribunal,'' he added.