Society, justice and the greater good

Drawing another general meeting to a close at the end of last month has provided us all with an opportunity to catch our breath following an extremely busy year marked by passionate debate about the best way forward.

But the Society does so with no sense of complacency, particularly with stage 3 of the Legal Services (Scotland) Bill due to take place at the beginning of October. By the time this column is published, that debate will have taken place. Announcements on public spending cuts and the outcome of the Cadder case are then expected on the same day later in the month, all of which will have huge implications for the profession.

The special general meeting was conducted with a high level of professional courtesy and, as always, involved a number of thoughtful contributions. I was especially pleased that the Society was in a position to deliver a reduction in the cost of practising for the second consecutive year, with a motion proposing a £15 cut in the practising certificate fee approved by members. The fall of over 17% in the PC fee over the past two years has hopefully been of some help to solicitors facing economic difficulties.

Bill to settle

Also at the SGM, a resolution calling on the Government to legislate to allow 25% non-solicitor ownership of law firms with no external investment was defeated, allowing the Society to move ahead with a single policy on alternative business structures. In the SGM papers, I made it clear that it was for members to decide whether the Society should promote two inconsistent policies to the Government and Parliament. Ultimately, the membership decided otherwise, which leaves the Society to put forward the case for legislation that allows for 51% ownership of firms by solicitors or solicitors with other regulated professionals and 49% external capital, as supported by the Council.

In the process of arriving at that position, the debates and discussions have resulted in a number of positive outcomes, such as greater involvement of the membership in decision making, clarity on the Society’s role and an increased awareness of the value of our profession, nationally and internationally.

The Society remains concerned about key areas of the bill, including our powers of inspection for new licensed legal services providers who access the Guarantee Fund and also the status of the proposed Regulatory Committee. Amendments are currently being prepared and a series of meetings have been scheduled with representatives of all the political parties at Holyrood. Members will be kept informed of developments.

Given that it has cross-party support, the legislation is likely to be passed in one form or another. As a result, we should now be ready to move forward to deliver a robust regulatory regime, fit for purpose and addressing any concerns that relaxing the ownership of providers of legal services could lead to deregulation. The Society is firmly focused on developing a regulatory system that will safeguard the core values of a united solicitors’ profession and protect our reputation for high standards and professional excellence.

Protecting justice

Until later this month, we all face the uncertainty of the comprehensive spending review and the Cadder v HMA appeal. But even in advance of the spending review, it is clear that government is a significant user of legal services, much of it outsourced to the private sector, and that discretionary spend will be subject to budget scrutiny in the months and years ahead. The Cadder case also has financial implications. But, just as the Society and our representatives have worked extremely hard to secure the best deal possible for those solicitors affected by its outcome, we will also continue to argue that spending cuts should not damage access to justice or the provision of legal services.

As new challenges approach, we should not overlook the progress that has been made in so many areas. No sooner had the SGM finished than the Council convened. Aside from updates on the important issues outlined here, it considered a number of matters that will continue to impact in the near and distant future: approval of the 2010-11 budget and corporate plan; the official launch of the Society's new Registered Paralegal scheme; the work supporting new lawyers; progress on implementation of our much-praised review of every aspect of solicitors' education and training. Precisely the type of projects the Society is committed to prioritising on behalf of the profession as we move towards 2011.

Looking ahead, we will be consulting further on the review of the Society's constitution and holding a series of six roadshows around the country to give members an opportunity to meet the Society's office bearers, executive and Council members to discuss current topics. The Vice President Cammie Ritchie and I look forward to meeting as many of you as possible at these events and sharing your views and experiences.