President's column

My immensely enjoyable tour of faculties the length and breadth of the country continues apace. During October, the series of events took me first to southern Scotland – East Lothian, the Borders, Dumfries & Galloway, and Ayrshire – where I highlighted the Society’s plans for the future and gathered valuable feedback on how best we can support our members. The northern leg of the tour has effectively started as I met Caithness solicitors in the middle of October, though it will begin in earnest with a series of events this month in the Highlands, Orkney, Shetland, and Aberdeenshire.

It is one of my aims to meet as many practitioners as possible so that we can share ideas and information. And already, a number of important issues have been raised. National issues such as the rapid pace of change for the legal profession, the effects of the economic downturn, restrictions in public spending, private sector cutbacks, and the introduction of alternative business structures. But also concerns for those working in island and more rural communities, including the operation of the legal aid system, conveyancing issues, and how solicitors in outlying areas can get involved in the work of the Society.

Solicitors must be as well informed as possible so that they can ensure their businesses continue to succeed and the needs of their clients are met. It is also crucial that our members can contribute their views to their professional body. With that in mind, I have given a commitment to look at how virtual meetings and electronic voting might help the participation of all solicitors, regardless of where they practise around the country.

Beyond our borders

At other events, I was able to contrast the very different ceremonies for opening the legal year in Scotland – it lasted two hours, finished with a cup of tea and back to business by 11.30am – and England & Wales, which involved two days of events, including a formal ceremony at Westminster Abbey and Westminster Hall with legal figures in full regalia. Aside from the pomp and ceremony, the occasion nevertheless provided an excellent opportunity to meet Bar leaders from across the world.

Likewise, the International Bar Association conference in Dubai at the end of the month allowed us a platform to showcase Scotland and the Scottish solicitors’ profession. With the Scottish Arbitration Centre established, promoting Scotland as a venue for dispute resolution is a priority. Supporting our in-house lawyers’ position internationally is also highly important, as is reminding the world that UK law is not just English law.

Key representations

Domestic issues were much in discussion at the SNP conference, at which I hosted a successful fringe debate, just as we are involved in every major party’s conference. Public spending was a hot topic and the Society has continued to emphasise – including during a Justice Committee evidence session – that Scottish Government proposals to reform legal aid risk undermining public access to justice and may fail to deliver their required savings.

Plans to introduce a new system of contracting of firms in criminal cases, which received a stormy reception in England & Wales because of problems with access to justice, are a cause for concern. We will continue to examine the detail of the reform package and consider how proposed changes will work in practice. The Society is keen to receive feedback on these issues from civil and criminal practitioners.

In another key evidence session, we outlined the Society’s views on the Scotland Bill. This is one of the most significant pieces of legislation to have affected our legal system since the Scotland Act, and we welcomed the chance to highlight some important issues, including our reservations about the approach being taken to the implementation of human rights legislation.

This month, we look forward to Pro Bono Week, from 7 November, which should highlight the huge amount of work that solicitors do without charge for those in need of legal help. Also, Lord Carloway’s report into Scots law and practice in relation to the detention and questioning of suspects in a criminal investigation is due in the middle of the month. The so-called “sons of Cadder” rulings in four test cases last month were a significant step in clarifying the rights of an accused. Hopefully Lord Carloway’s analysis and recommendations will help provide an appropriate way forward.

More next month.