Shifting sands

Funding the Commission

With the arrival of summer, many of us take the opportunity of a well-earned break. But at the Society and in firms and legal teams across the country, the hard work continues too. The new Scottish Legal Complaints Commission is almost upon us and the Society is doing all it can to prepare for the changes that will take effect when it opens for business on 1 October.

Invoices for the annual levy were sent out in June – as the Society is obliged to do on behalf of the Commission – and within a month or so, 75% of payments had been received. Reminders have been sent to those still to pay. Elsewhere in this edition of the Journal, Philip Yelland deals in detail with the processes for handling both service and conduct complaints under the new system. However, it is worth underlining the fact that the Society’s complaints handling obligations will remain substantially unaffected by the Commission, at least over the next financial year. In addition to continuing to handle conduct complaints, the Society will have to retain sufficient capacity to handle service complaints for some time to come. Unfortunately, that means that the cost of complaints handling will not reduce this year and so neither can the cost of the practising certificate. We will continue to work with the Scottish Government and the Commission to ensure, so far as possible, a smooth transfer of responsibility for complaints handling. There is still much work to be done.

Special Meeting called

The summary justice reforms are also beginning to take effect, with signs of reductions in court business. Any such reductions in business must be proportionate and measured; we cannot accept policies and practices that threaten rights and liberties, especially of vulnerable groups and individuals. A Special General Meeting has been called by the Glasgow Bar Association and will be held at the Society on 22 August. The SGM provides all practitioners with an opportunity to discuss the summary justice system, legal aid regime, recent reforms and the best way forward. I would encourage members to attend or to send a representative with proxy votes to ensure that we have a good and wide-ranging debate on this important issue.

Tough choices

The Society is well aware that the effect of the summary justice reforms is compounded by the current economic climate. However, the downturn in the economy goes beyond that: it is an issue for us all to consider. The Chancellor of the Exchequer, Alistair Darling, is reviewing the Government’s fiscal rules as pressure on public finances grows. And just as the Chancellor makes plans at the macro-economic level, so legal firms must do likewise at the micro-level. It is a business imperative regardless of the prevailing economic conditions, but especially in a downturn. I am encouraged that firms are refocusing their businesses accordingly. While some are finding innovative ideas to maintain and grow their businesses, I am conscious that others are having to take the tough decision to make redundancies. The redundancy process can be difficult for all involved and the law itself is now very complex for employers to navigate, whether solicitors or not. It is a situation that requires good advice, good practice and careful consideration.

Society support

The Society is working on a number of initiatives to support solicitors. A conference to provide information and business advice specifically for high street firms is being planned. Office bearers and staff will continue to meet with local faculties and representatives from a cross section of the profession for feedback and information on what is happening in their firm or area. Also, the Professional Practice Department is giving help and advice to solicitors who may yet be faced with losing their job, and to employers who might be forced to make staff redundant. In addition, the Education and Training Department is offering support to those concerned about traineeships.

While realising that the underlying issues facing the economy are beyond our control, we are determined to do all we can to assist firms and individuals affected by these unwelcome developments. As a profession, we must plan for the future and try to ensure that the legal sector in Scotland is in a condition to respond to new demands as and when they emerge. That approach involves recognising when changes in working practices are necessary and ensuring our training and entry processes continue to promote excellence.

The Scottish legal profession has survived much change and many economic fluctuations. I know that it will continue to do so however challenging the economic circumstances.