President's report

IT is sometimes unfortunate that at the time of writing this column I cannot know all the things that may have happened by the time you read it.

A good example of such guesswork relates to some good news from the Society on two commercial decisions which the Council took at the end of September. These were only decisions in principle but the Council requested the completion and signing of contracts as a matter of urgency.

I hope that by the time you open this issue of the Journal, you will all have received information direct from the Society about these two developments. The first is a deal which will give wonderful discounts on Microsoft software to every member of the Society. I have talked in recent Journal pieces about using the collective economic power of the profession for our own advantage and I think this is a terrific example of what can be achieved.

The second relates to the DX system. Seldom has there been an issue which has motivated members of the profession as much as their anger at their treatment by the present monopoly provider. There have been loud and persistent calls from you for an alternative to be found. The Society has listened to you and is acting to make changes. Again, I hope that by the time you read this, you will already have received some detailed information about the support the Society is giving to a new provider. That support goes beyond the Society simply using the provider and encouraging members of the profession to join in. It extends to the Society having a say in the management and future direction of the new provider with a view to maximising the benefit to the profession by keeping a significant degree of control.

I believe both these developments are exciting and exemplify a more modern and commercial approach by the Society for the benefit of its members. I am confident these new initiatives will be followed by further useful and cost-saving ideas from which the whole of the solicitors’ profession in Scotland can benefit. I should like to congratulate all those on Council who have been involved in bringing these ideas to fruition within a short timescale.

Faculty Visits

I would like to thank the faculties in Kirkcaldy, Airdrie, Cupar, Orkney and Fraserburgh who have welcomed me, along with Society representatives, when we have visited for open forums. There are about 50 local faculties of solicitors in Scotland. As part of the Society’s commitment to better communications with you the members, the office bearers and representatives of the Society’s Executive try to get round all the faculties of solicitors in Scotland at least once every two years. We are hoping to visit about another 20 faculties between now and the end of May.

For those who have not attended one of these faculty forums yet, they do provide you with a chance to raise any issues or ask any questions you like. The agenda is entirely up to the local faculty to determine. We hope that we are able to pass on useful information but we also learn an awful lot ourselves about the hopes and fears of practitioners in different parts of the country and what you would like to see the Society do for you. The meetings provide important opportunities for the Society to learn about your needs, and if you hear that there is to be a visit to your local faculty within the next few months I would urge you to come along and tell us what you think.

Globalisation and Liberalisation

<>I confess to finding most discussions containing the above words to be less than scintillating. I suspect many of you may share my view. You know you should be fascinated by these “big” topics, but fear that the contributors may turn out to be luvvies who would benefit from some time spent in the real world delivering practical legal services to Scottish citizens. Accordingly I harboured some apprehensions about attending a number of sessions at the recent Biennial Conference of the International Bar Association which contained references to the two potential turn-offs of “globalisation” and “liberalisation”. However, like most of my assumptions and pre-suppositions, my concerns were utterly flawed.

The IBA has no formal power as such but it can and does represent the interests of lawyers around the world. Its members include Bar Associations or Law Societies from 183 countries. It endeavours to remind politicians and others of the valuable role that lawyers serve in society and, wherever possible, it encourages developing countries to develop legal systems in which the rights of individuals are properly protected. It strives to promote and maintain standards within legal professions all around the world. It is also probably the only association on the planet that has any chance of persuading the World Trade Organisation that its drive for “liberalisation” around the world risks undermining the core values of the legal profession by treating the delivery of legal services just like any other business.

As with most international gatherings, the Scots punched well above their weight. Scots lawyers (both solicitors and advocates) contributed frequently and well as speakers and chaired a number of important committees and sessions. The new chairman of the IBA’s Section on Legal Practice (one of the two main sections of the IBA) is Andrew Primrose of Maclay, Murray and Spens.

Scottish legal views are respected in the world and it is important for Scotland and for international legal practice that those views are heard and influence the law on the world stage. I believe the Scottish profession provides a shining example of how lawyers can be both “men of business” and practitioners with the highest ethical standards. The Society’s representatives and Scottish solicitors who attend these meetings make themselves heard and make a difference.

Finally...

It seems astonishing, but until very recently there was no statement of what was expected of the representatives you elect to the Society’s Council. This has been corrected and a Handbook for Council Members is now available which sets out what the rights and obligations of Council members are and the fundamental rules by which the Council operates. It is published on the Society’s website and I am sending a copy to each local faculty. It will give anyone thinking of standing for the Council a clear idea of what to expect - as well as what is expected of them. The website is the best way of getting hold of it. It is a living and breathing document and will be regularly updated online.