Interview: Michael Scanlan

News of the annual handover of the Presidency of the Law Society of Scotland might well evoke a collective sigh of indifference across some sections of the profession.  As the latest incumbent of the position, Michael Scanlan is well aware that it is an onerous task for an individual to impose his personality on a post many view as largely symbolic.

In fact, his astutely pragmatic attitude to the apparent apathy some members of the profession exhibit towards the Society could be a promising starting point for an effective tenure.

Certainly he’ll begin with a realistic perspective as to what he can achieve: “I’ll make no mission statement, have no grand plan and offer no vision of the future.  Any President with such a vision is working under a major delusion.

“If I could achieve anything, it would be a better public image for the profession and a better relationship between the Council of the Society and the profession.  Our function as a Council and mine as a President is to represent the profession in all relevant areas.”

It could be suggested that improving the profession’s image is a lofty ambition.  Michael Scanlan tends to disagree.  “Every time we conduct a survey the results show that the vast majority of people are satisfied with solicitors’ services.  Maybe our image is better than we think.  Nevertheless better communication with the public and specifically clients must be a priority.

“We must aim for a better relationship with the profession and get away from the ‘them and us’ attitude.  Contrary to our image, we are quite a young Council and are truly representative of the profession.  Initiatives like going out to the profession, faculty visits to Drumsheugh Gardens and targeting students at universities to make sure their introduction to the Society is a reasonably pleasant one will continue as we strive to emphasise that the Society belongs to all its members.”

For Michael Scanlan there is considerable hope in the response to a recent Society leaflet inviting members of the profession to express interest in the workings of the Society and areas they might contribute to. “The response was astonishing; there is no doubt we have a major untapped depth and breadth of talent that is interested in becoming involved but doesn’t.  That comes down to communication and it’s up to us to make the workings of the Council more relevant to the day-to-day practice of law.”

As an indication of his commitment to making the Society more inclusive, the new President suggests he would encourage an examination of the role of the Council.  “We ought to examine how the Council goes about its business and specifically the role of Council members and whether they are being put to good, efficient use or if there is a way of developing their contribution beyond the current position.

“Ideally, Council members would be given more time to look after the interests of constituents and properly represent them at a different level from just now.  But it would be difficult to add to the workload imposed on Council members; it’s not something anyone can take on lightly as it remains a time and financial burden on their firms.”

The burden and practical difficulties faced by Michael Scanlan’s firm, Russells Gibson McCaffrey, during his tenure will be greater than those inflicted on recent holders of the position whose firms have had greater resources to compensate for prolonged absences.

“There’s no doubt it will be difficult.  We don’t have the back-up here that past Presidents have had.  It is acknowledged by my partners that I’ll spend a considerable time away from the office.  The Society too is aware that I fall into a different category and they will accommodate me as much as possible.  I intend to give it my all while retaining contact with my client base.  With the assistance of modern communications, this should be possible.”

Michael Scanlan laughs when he recollects how he nearly embarked on a different career path, having initially studied civil engineering at Glasgow University before transferring to law.  Admitted as a solicitor in 1971, he has also served ten years as a temporary sheriff, surrendering that in 1996 to concentrate on Society matters.  He has also lectured at Strathclyde University on Evidence and Procedure.  Married to Margaret, who is also a solicitor at Russells Gibson McCaffrey, he jokes that they see little of each other during the working day.

There is little hint of self-promotion in Michael Scanlan’s outlook for the year ahead.  Nor is there reason to be sceptical when he insists he “is not on any major ego trip” in assuming the Presidency.

“I don’t see myself as primus inter pares, merely the man elected for one year to represent the interests of the profession.  The Council is a fickle entity and I cannot influence policy as such, though if I have personal views I will air them.”

It’s hard to avoid the conclusion that the credibility and prestige of the Presidency might be enhanced if the period of office was extended beyond a year.  Michael Scanlan offers this defence of the truncated time at the helm.  “While in the best of all possible worlds it might be beneficial to have a President in place for more than a year, when one adds the one and a half years in waiting and the year as past president, in effect that represents three and a half years as an office-bearer of the Society.  However, I would like to develop a rolling Presidency to add continuity to the system.”

He is willing also to countenance the prospect of the election of the President being opened to the members at large.  “There was some agitation to change the constitution but there wasn’t sufficient support.  Had there been, I wouldn’t have been unduly upset, nor would it have stopped me standing.”

Michael Scanlan doesn’t shirk the vexed question of the Society’s self-regulatory role.

“As a philosophy, the Society might not appreciate it, but generally they support self-regulation in the widest definition of the phrase.  Independent research among the profession clearly identifies what we are best at is organising the master policy and running the guarantee fund.  We also admit solicitors to the profession.  It would be somewhat unusual if the right to admit did not include the right to take steps in respect of those to be excluded from the profession.

“I don’t believe there is a widely held view that anyone other than solicitors should deal with the conduct of other solicitors.  No-one else is really qualified to do it.

“The real unease about self-regulation lies in relation to specific complaints about provision of inadequate services. There exists a generally held belief that specifically we don’t do that well.  This will need to be addressed.  If nothing else, we need to develop a handling and disposal which is certain, not protracted, and fair to all concerned.

“We understand the considerable time and effort that requires to be put in to respond to a complaint, and the consequential cost element.  It may very well be that in relation to IPS complaints, the Council of the Society is not the best-placed organisation to deal with them.  This is something about which I have an open mind.”

The year ahead will see issues such as the continued monitoring of the effect of fixed fees, the public defender solicitor, and the Human Rights Act.  The concept of MDPs will also be developed and the Society’s response will need to be carefully considered.

In addition, Michael Scanlan’s presidential year also includes events as significant as the arrival of the Holyrood Parliament, the millennium and, for the Society, their 50th anniversary conference.”  Delegates are coming from the world over.  The conference will host a depth and range of speakers unprecedented in Scotland.  The programme will provide something for everybody and includes a major exhibition and exciting social programme.  It really never occurred to me that my presidency would coincide with these series of events.”

Committed and approachable, Michael Scanlan’s year in office ought to accelerate the Society’s efforts to build a more harmonious and constructive relationship with the public and profession alike.