60 seconds with a Society Fellow

Sophie McIvor speaks to Gerard Sinclair about his career which he describes as a play of three acts, as well as his advice to newly qualified lawyers.

Law Society Fellow, Gerard Sinclair, joins us to discuss his career following his retirement from the Scottish Criminal Cases Review Commission (SCCRC) in 2021, his involvement in high profile cases and his advice to newly qualified lawyers. 

Gerard, could you start by telling us a bit about your career?

Without any forward planning on my part, my legal career has been something of a play of three acts. The first part of my working life was spent in private practice. After a fantastic and varied traineeship with Ross Harper and Murphy solicitors, working with and learning from some of the best lawyers and counsel of the day, I became a partner within a general practice firm in Glasgow, heading up the litigation department. During that time I qualified in English Law and was involved in conducting a wide variety of criminal, civil and commercial litigation.

After almost 20 years I was looking for a new challenge and considered applying to become a member of the Faculty of Advocates. It was at that time that I saw the advert and decided to apply to become the Chief Executive and Principal Solicitor at the SCCRC. I was lucky enough to be chosen and joined the public sector. I thought I might stay there for about five years but ended up staying until I retired from the Commission at 60!

During my time at the SCCRC I was also encouraged by my then-Chairman to apply to become a part-time sheriff, as he felt that my continued involvement “at the coal face of the law” would make me a better Chief Executive – and he was right!  I was duly appointed in 2006. Since I retired from the Commission in 2021, I have become more heavily involved as a part-time sheriff, helping out with the Covid-19 backlog, as well as sitting as a shrieval convener for the Mental Health Board for Scotland. I plan to continue in these two roles until I’m 65 in two years’ time.

You’ve been involved in some high profile cases, including the review of the conviction of Abdelbaset Ali Mohmed al-Megrahi, the person convicted of the ‘Lockerbie Bombing’ and the convictions of several Post Office Managers as part of the ‘Horizon’ investigation.

Did you always see yourself dealing with such high profile cases when you set out to study law and how did you cope with the public scrutiny these were under at the time?

The simple answer is no, as when I was studying law there was not the same 24/7 cycle of news and there was no social media. My appointment in 2003 coincided with an explosion of new media outlets and it became clear that anyone holding a senior position in a public sector organisation would have to quickly learn new media skills. In my time at the SCCRC, we were fortunate to have good relations with the Scottish press and media (unlike our colleagues at the CCRC in England) and I was conscious of the importance of managing expectations when dealing with high profile cases such as the conviction of Mr Megrahi, which we reviewed twice. Although we could not tell journalists of the scope of our investigations, given the confidential nature of our work, I could – and did – keep them informed of important milestones and timings, and we began issuing summaries of our referrals. We also held regular seminars with the press to educate them on the workings of the Commission.  Even judges now have to be aware of the public’s continuing interest in how we dispense justice and I think that the judiciary in both Scotland and England have become more proactive in this area by issuing summaries of their judgments and allowing the media to have greater access to the courtroom. It’s all about managing expectations.

You’ve taken on various extra responsibilities above and beyond your day job over the years, such as your time with the Law Society Council. What would you say is the value in doing that, and did you learn anything in particular from those roles?

I’ve been lucky enough to have a very varied legal career and believe this was very much broadened by the opportunities I’ve had to share experiences and knowledge with colleagues within the profession and beyond, through the extra responsibilities you mention. I have always enjoyed a committee – even in my student days and with the Scottish Young Lawyers Association. In the early 2000s I served as one of the Glasgow members of the Council of the Law Society of Scotland and learned so much more about different disciplines and sectors of the law, as well as meeting and working with some wonderful colleagues. Had I not done so, I’m not sure I would have even considered entering the public sector and joining the SCCRC. This experience encouraged me to become a member of Lord Coulsfield’s Reference Group on ‘The Law and Practice of Disclosure’ in 2007, and a member of Lord Carloway’s Review Group on ‘Criminal Law and Practice’ in 2011, which allowed me to use my experience at the SCCRC to personally contribute to the development of the criminal law in key areas. In each of these, and other positions, I always felt that I personally benefitted more than I was able to contribute.

Even now, in my semi-retirement, I was recently the President of the Part-time Sheriffs’ Association and still serve on the Judicial Council for Scotland and the Advisory Council of the Judicial Institute for Scotland. I can’t recommend enough the opportunity for younger solicitors to embrace any chances they get to join in and contribute to the workings of the various committees and associations that support the legal profession.

On that note, how have you found being a Fellow of the Law Society of Scotland?

When I retired from the SCCRC in 2021 I wanted to find a way to continue my involvement with the Law Society and the profession, and I considered becoming a Fellow as a natural progression in my ongoing relationship with the Law Society of Scotland. I know it was started in 2019 and since then it has already become an important mechanism for experienced practitioners at the end of their career to continue to contribute their knowledge and experience for the benefit of the profession. I anticipate that over the next five-to-10 years there will be considerable growth in the number of Fellows, which I see as a positive. It’s a great way to keep in contact with your colleagues and keep up to date with what is happening in the law.

Drawing on all the experience you have mentioned, what advice would you give to someone at the start of their legal career?

Having a Scots Law degree can open up so many opportunities for you that you might not have considered at the start of your career. In my time I have met and acted for a most amazing range of clients and travelled to places such as China, Libya, Norway and Canada as part of my work. It’s trite to say that “every day is a school day,” but I truly believe that one of the real joys of our profession is that we are constantly learning new things throughout our careers, and we should embrace that challenge. Be prepared to be flexible in your career and take every opportunity you can to expand on your own legal experience and work with and learn from your colleagues. In my view, being a solicitor remains one of the most enjoyable and rewarding professional careers, as long as you are prepared to work for it.

Finally, what keeps you busy outside of your interest in the law?

Just before Covid-19, my wife and I bought a small apartment in the south of Spain with a plan to spend more time in the winter there. We are now managing to get out there a few times a year and I’m learning to speak Spanish and play padel tennis (currently, both very badly). We’ve also in recent years started to collect grandchildren, so when I’m not working, most of my time is taken up with them – which I love.

Find out more about the Fellow membership and how to apply on the Law Society’s website.