Annual report 2023

The Law Society continued to be a powerful voice for the profession and the public, not least in relation to the proposals to reform the way legal services are regulated in Scotland.

Unsurprisingly, the Regulation of Legal Services (Scotland) Bill, introduced in April last year, dominated much of my presidency.

While we have long called for legislation which would improve and modernise the current regulatory framework, we were deeply shocked at the Bill’s proposals for new ministerial powers to intervene directly in the regulation of the legal profession for the first time.

This would see direct government intervention on the rules and structures that decide who can and cannot be a solicitor, decide the professional requirements placed upon solicitors, and decide the way in which legal firms operate – opening the prospect that the state could regulate law firms directly. This was unlike anything we’ve previously seen in other western democracies.

In a free and democratic nation, solicitors are often responsible for challenging excessive use of government power or defending their clients against prosecution from the state. It is essential that they can act freely, with no risk of government interference.

It is why we alongside many others from across the profession and beyond, including Scotland’s senior judges and the International Bar Association, responded so swiftly to challenge the Bill and call for these sections to be removed. It is a reminder to us all of the importance of never being complacent about the need to protect the independence of both the legal profession and the judiciary.

While we have been assured that these provisions in the Bill will not be included, we are yet to see the government’s amendments at the time of the annual report’s publication. I hope that next year’s annual report can record positive progress on the Bill.

Last year also saw proposals for major reforms to the criminal justice system, under the Victims, Witnesses and Justice Reform (Scotland) Bill. We have supported plans to create a Victims and Witnesses Commissioner for Scotland and the principle of trauma-informed practice in criminal and civil proceedings. More challenging however were the proposals for a juryless trials pilot in sexual offences cases and the removal of the not proven verdict, without appropriate safeguards introduced. While supportive of the overall legislative aim to deliver a more person-centred approach within the Scottish criminal justice system, we are clear that reforms must not undermine the fundamental right to a fair trial, and we will continue to speak out on this.   

This focus on the justice sector made the absence of investment in legal aid and long-term planning to protect access to justice for those who need it most all the more disappointing.

Despite a 10% increase to legal aid fees taking effect shortly before becoming president last year, and the significant effort and ongoing liaison with government around setting up a mechanism for regular fee reviews, there has been little to no progress. In a period marked by high inflation and a cost-of-living crisis, it’s even more critical that we invest in areas to help those who need it most.

These challenges will continue to be a focus for the Society and our members.

Despite these high profile and challenging issues during my presidency, there have been so many positive aspects.

Chief among them is the opportunity to personally meet, listen to and learn from solicitors right across the country. It was such a privilege to spend time with our members from Aberdeen to Ayr, Paisley to Perth, Stirling to Stornoway and hear about the issues that affect them and how the Society can help. While a number of shared concerns were raised at many of those meetings, getting out on the road really did open my eyes to how committed our members are to the work they do and the diversity of clients and communities they serve.

Another key highlight has been welcoming new solicitors to the profession. It has been an absolute joy to meet the next generation of Scottish solicitors and see their enthusiasm, ambition and pride in their chosen profession as they start out in their careers, surrounded by friends and family.

An issue I care about deeply, and have spoken about on several occasions, has been women in the profession. The profession is now predominantly female, but this belies the ongoing issue of progression in the profession and women reaching senior levels. We have many more visible female leaders which is important, however the numbers of women leaving the profession at mid-career stage remains an issue. It’s why the Society’s equality, diversity and inclusion work is so critical - to ensure that the profession not only attracts talented individuals from a whole range of backgrounds, but that they choose to stay and fulfil their potential.

Throughout my time as president what has been apparent to me is that despite the variety of roles, whether in-house or private practice, newly qualified or in later career stages, location or practice area, we remain a collegiate profession bound by our professional values, commitment to the rule of law and to helping others uphold their rights.

I continue to have huge pride in being a Scottish solicitor and it has been the utmost privilege and honour to lead the profession. I thank all of my Council colleagues, our committee and working group members, and Law Society colleagues for everything they do on behalf of the profession and the public. The time, dedication, and expertise you all contribute are invaluable to the profession and to our wider society.

Sheila Webster

Supporting our members to thrive

We work to ensure the high professional standards that Scottish solicitors are well known for, and that our members can thrive in a competitive and increasingly global legal services market.

We reviewed and updated several areas of guidance for members and we have continued to evolve our CPD offering to meet the needs of our members – last year over 600 delegates attended our flagship annual conference and over 500 delegates registered for our Law and Technology conference.  We delivered 148 CPD and training events for members. We held 21 members forums which gave us the opportunity to hear directly from members across Scotland about their interests and concerns, and we revitalised our LawscotTech initiative, to provide support which helps solicitors in their day-to-day practice.

Our support for members includes valued technical advice on rules and guidance, seminars on black letter law, and goes beyond that to consider practitioners’ professional and career goals, and wellbeing. We continue to strive to reduce the stigma around mental health and regularly ran events focused on wellbeing, further developed our Lawscot Wellbeing resource, launched our first guide to help our members develop a wellbeing strategy in their organisations, and supported the training of 24 accredited mental health first aiders, now located in legal practices across Scotland.

Our major Profile of the Profession survey, which garnered over 3,000 responses, also covered wellbeing issues for the first time. This major study is carried out every five years to give us a deeper understanding of issues affecting our members and to help drive change.

Modern and effective regulation

We work to deliver modern and effective regulation that is independent, proportionate and risk-based and that protects the public interest and ensures public trust. This year we implemented several improvements to our internal regulatory processes, such as updating the investigation process for hybrid complaints, carried out in partnership with the Scottish Legal Complaints Commission. We also updated our Accounts Rules Guidance, revised financial compliance reports and templates, and implemented our cashroom manager assessment as part of our risk-based approach to AML regulation.

The Society has long sought new legislation to modernise the way we regulate, with much of what we do still governed by legislation that is over 40 years old. However the introduction of the Regulation of Legal Services (Scotland) Bill last year caused deep alarm within the profession and beyond with its proposals for sweeping new powers for Scottish Minister to have a direct role in the way the profession is regulated.

We have spoken out strongly against these proposals which threaten the rule of law and independence of the legal profession and Scotland’s judiciary. The Bill represents an important opportunity to create a stronger system of regulating law firms and we will continue to call for changes to the legislation and play an active role as the Bill progresses.

Innovation and efficiency

Sustainability was another key focus for us. In January 2023 we established a new Sustainability Committee to examine the role that the Law Society should play in the impact of climate change on the law and practice of our members, as well as the type of support and information needed. I’m proud of the work we are doing in this area to lead and support the profession and delighted to say our sustainability resource for members is up and running.

As our commercial activity continues to recover from the impact of the pandemic, we can report further growth in our CPD training and working with our valued stakeholders across the business community.

Influential voice and leading the profession

Rule of law, independence of the legal profession and access to justice are fundamental to all of us in society. It’s why the Law Society acts on behalf of the profession and in the public interest to support sound public policy decision-making. In 2022/23, our respected policy team and committees responded to 61 consultations, worked on 12 Bills and participated in 10 parliamentary evidence sessions across issues ranging from agriculture and rural communities, to wildlife management law, and everything in between.

A big success in September last year was the launch of a new university course for paralegals, the first of its kind in Scotland. We partnered with Robert Gordon University in Aberdeen to offer an accredited qualification tailored to paralegals. Our Accredited Paralegal Committee provided invaluable input in this project which responds to employers who tell us they want a more structured career path for their paralegals. We also saw 46 people gain Accredited Paralegal status during the year, bringing those with the accreditation to 641.

There were so many more highlights over the year and these achievements were all made possible by the many solicitors and lay members who volunteer their time and effort and who, alongside my dedicated colleagues at the Society, work incredibly hard to deliver our strategy on behalf of members and in the public interest. My thanks to everyone who has been involved in driving our progress over the course of the year – we couldn’t do it without you.

You can read more about our work in our annual report 2022/23. Please do get in touch about the aspects that interest you.

Diane McGiffen