Constitution out for views again

As this issue is published, the Society will be undertaking a further round of consultation on proposed reforms to its constitution. Members should have received an email bringing them a longer version of this note and directing them to an online survey on aspects of the proposed reforms.

There have already been two formal consultations on various elements of these proposals over the last 15 months and the Society is grateful to all who have taken the time to submit their ideas and suggestions. However, that consultation highlighted some divergent views on some key issues.

The purpose of the survey is therefore to determine the views of members in some specific areas, including the numbers of signatories required to call meetings and to propose business at those meetings.

Council and Council elections

There are currently 50 members of Council, made up of both elected and co-opted members.

Council's present view is that a larger Council, of up to 60 members, is necessary to ensure the body is truly representative of the profession as a whole. This Council would meet seven or eight times a year and would provide strategic direction to the Society's work and representation of members' interests.

Some members have expressed support for a smaller Council, and given these conflicting views, there is a specific question on the size of Council.

Council believes that the majority of members should be elected from local geographical constituencies - up to 36 members on the model proposed. However this model still risks the under-representation of sectors of the profession or even certain geographies. The proposed model would therefore allow Council to co-opt a further 12 solicitor members to correct any such evident imbalances, and achieve a structure not unlike the present arrangement.

The survey seeks views on the size of Council, whether the local constituency system should continue, and whether all members should be elected.

Democratic voice of members

Members' views are also sought on the proposed requirements for calling general meetings, submitting motions to those meetings and how those motions determine Society policy.

At present, 20 members are required to call a general meeting of the Society. This number was chosen when there were fewer than 3,500 members, nearly all principals in private practice. Given that the membership is now over 10,500 and from a more diverse profession, the Society puts the question whether a greater number should now be required to call such a general meeting. There are similar arguments with respect to the calling of a referendum of the Society's membership. Again, members' views are sought.

No changes are being proposed to the entitlement of members to bring forward motions to a normal general meeting. Similarly, no changes are proposed to the requirements on members for bringing forward such a motion.

Council has also suggested a form of words in standing orders that would permit the chair of a general meeting to bring together the proposers of any conflicting motions during the run-up to the meeting or at the meeting itself. This meeting would attempt to find a compromise motion or, if needed, a set of amendments to a motion. The intention of this provision would be to allow members at a general meeting to vote on one final motion and avoid conflicting positions being adopted at the same meeting.

However, the Society would welcome members' views on whether such a "non-lawyerly" process would be favoured, and whether this would improve the future conduct of meetings and allow for debate to take place on the real issue rather than procedure.

These are the matters on which specific questions are put in the survey, but the full paper raises other matters for discussion and members are encouraged to read it.

The survey can be accessed at www.lawscot.org.uk/constitution and runs until Monday 22 November.

A final version of the proposed constitution will be debated by Council in November and January. This will then be brought forward to the AGM of the Society in March 2011 where members will be asked to approve both the new constitution and the provisions required to commence the electoral and selection processes necessary to form a new Council in June 2011.