Time to be counted

Engage on the constitution

Much has changed since the Society’s constitution was adopted more than 60 years ago. Advances in technology have revolutionised the way lawyers work. Globalisation impacts on all areas of professional and personal life. Politically, we are now governed by parliaments in Brussels and Holyrood as well as Westminster.

The demographics of the legal profession in Scotland have also shifted dramatically. At its establishment in 1949, the Society had fewer than 3,500 members; now there are three times that number. Then, solicitors were almost exclusively private practitioners in “traditional” firms; now between a quarter and a third of our members work in-house while a further one third are employed in private practice.

Recognising those changes and others, while also anticipating that many more will follow, the Society began the process of re-examining its constitution and standing orders two years ago. Initially a tidying up exercise, it soon became clear that radical reform was needed to ensure that the governance of the Society was modern, democratic, inclusive and fit for purpose in the 21st century. Extensive consultation followed, generating a huge response from members, all of which provided valuable feedback.

The reform process has considered crucial issues, such as the size and electoral process for our Council and the operation of general meetings. Naturally, opinions have differed on the best way forward, but uppermost in our minds has been the importance of delivering changes backed by the membership. I believe that the final versions of the constitution and standing orders provide clarity about members’ rights and enshrine the primacy of our democratically elected Council in processes and procedures, while reflecting the views of the membership expressed through the consultation.

The Council has debated the new arrangements in considerable detail, altering provisions following input from local faculties, bar associations, senior counsel and others. However, it is for members to approve the constitution at our annual general meeting later this month. The continued engagement of solicitors is therefore vital and I urge members to attend the AGM on 25 March in person or by proxy to ensure that this crucial modernisation of the Society’s constitution is taken forward.

I also ask members to look at the additional background information that is available on the Society’s website and invite them to vote for the adoption of the new constitution. Anyone who is unable to attend the AGM but wishes to express support for the new constitution can grant a proxy in my favour, to ensure that his or her view is expressed and counted in what is one of the biggest changes for the profession in 62 years.

The dual role again

Although not on the AGM agenda, another issue that was debated at length last year has re-emerged in recent weeks, namely the Society’s dual role. Just as a referendum last year found convincing support in favour of the Society regulating ABSs, so too members voted resoundingly to maintain both our regulatory and representative functions.

It was stressed at the time that a professional body of any standing must have the ability to regulate its members – to maintain its reputation, high standards, integrity and ethical standing – alongside its representative role. The alternative is a divided profession and a large increase in membership costs. With political change and budget cuts on the horizon, the need for common direction and financial prudence has never been greater. The Society will continue to offer the best possible service and demonstrate the value we provide to members, in terms of both representation and regulation.

To the polls

Although busy with arrangements for our AGM, considerable work continues on preparations for the Holyrood elections in May. As a follow-up to publication in January of our manifesto, which has been well received, election hustings will be held in Edinburgh and Glasgow in April, with representatives of the political parties on hand to answer members’ questions. The events will present a great opportunity to voice concerns and raise issues. Invitations have been sent out to members in the area – join us for a lively debate.