Vienna, London, Scotland and Brussels!

After a bit of a rocky start to 2024, it’s back to the usual busy diary for the President.

There might be a clue to one of my Presidential Playlist songs this month, when I tell you that quite a lot of activity has been international in outlook over recent weeks.

February saw me head to Vienna to attend the European Presidents’ Conference, where the presidents of the Law Societies and Bars from across Europe meet to discuss matters of current concern. I was joined there by the presidents of the Law Societies of England & Wales, Northern Ireland and Ireland, as well as friends and colleagues from the Faculty of Advocates and the Bars of England & Wales, Northern Ireland and Ireland, representatives from family law organisations, and many people I’ve met on my travels this past year. It really is a great opportunity to share issues and knowledge, which can be brought back to Scotland. 

There were lots of questions about our regulatory reform progress from organisations that had expressed alarm last spring when we met in Helsinki at an International Bar Association (IBA) meeting, and though there are still issues to deal with, the Scottish Government announcements of last month were welcomed by all. Now that the legal services regulation Bill has passed Stage 1, our hard-working teams at the Society will consider the amendments we would like to see to the Bill on behalf of our profession and the public.

The main focus of the conference, however, was AI and its place in the legal world – something I know concerns much of our profession. How can we use the technology to our advantage? What are the opportunities? What dangers does it present? The conference was addressed by practising solicitors, academics and those within the EU wrestling with the management (I resist the use of the word ‘control’) of the growth of AI. Several attendees would like to have heard more practical guidance – such as that issued by the Bar Council for barristers at the end of January 2024 – and I largely shared that view. Generative AI is something we all need to understand, and moreover, understand our responsibilities when using it. We have invested a great deal of time to support legal professionals as technology expands so quickly – LawscotTech, our Law Society of Scotland initiative led by our immediate Past President, Murray Etherington, was established to stimulate legal technology innovation and deliver that support. 

Barely back from Vienna, I headed off to London for our six-monthly meeting with the other Law Societies in our four jurisdictions. AI remained on the agenda, but we also talked about two big issues, both being looked at in Scotland. First, we had a short presentation on the Law Society of England & Wales’ success with a judicial review relating to their legal aid arrangements. We continue to press for progress in this critically important area and it is important to learn from their experiences. Then we discussed alternatives to litigation – a subject I’ve been discussing with those in Scotland keen to see the development of such alternatives, and in particular mediation. You can expect to hear more from me on this topic before the end of my presidential year! The Post Office/Horizon scandal also made the agenda – how are the affected jurisdictions handling the possible issues arising, especially for those with regulatory functions?

My travel has been confined to our backyard – the UK and Europe – which has allowed me to share our knowledge, obtain support from our friends at organisations like the IBA and to learn about developments elsewhere, from those with similar issues. We are, for example, working with the four jurisdictions group on a small practices forum. Such sharing and learning is important and very valuable, and our international connections help us. As I head off to Brussels for our international members’ forum later this week, I look forward to more learning to bring back to Scotland.

Thank you to those who got in touch after my last column – your kind words were much appreciated.

And my Presidential Playlist additions this month:

• Vienna, Ultravox – I did say there was a clue in the first paragraph!
• (What’s So Funny ‘Bout) Peace, Love and Understanding, Nick Lowe – thanks due to David Hossack for suggesting some songs about mediation.