Making the running

How do you set a course for the Law Society of Scotland, at a time when its role may be cut back and the justice system faces serious pressures? That is the not inconsiderable challenge facing Diane McGiffen.

The Society’s new chief executive arrives from a long-term stint at Audit Scotland. In fact, she was present at its birth, with the advent of devolution itself, and served successively in the Management Services Unit, as director of Corporate Services and from 2010 as chief operating officer. “I did it for so long because it is so fascinating and I had so many opportunities to grow and develop there,” she tells me.

There are more parallels with the Society than might appear at first. For one thing, Audit Scotland’s work ensuring the best use of public money involves questions of good governance. “Auditors work to international standards of auditing and financial control, and public sector, as opposed to private sector audit, covers a very wide range of issues including conduct and governance,” McGiffen explains. “Audit Scotland reports widely and regularly on any issues where conduct and governance were not up to scratch. And we take part in developing frameworks and promoting good governance.” 

Not only that; it too works with counterparts in other jurisdictions to ensure consistency of approach and adoption of best practice and standards, “so that we would be seen as an exemplar”. 

She continues: “Both organisations are aiming to be world class and measure themselves on how others are doing across the globe. I think it’s really important, isn’t it, to look outside borders and learn from the best everywhere.”

Another crucial point is its independence. Asked what sort of relations she had with Government, McGiffen replies: “Part of our role was to audit Government and report on its performance to Parliament, so our relationship with Government was one of respect – it’s very important for auditors to understand the business and to remain independent, so there are strong similarities in that aspect also. It’s important to be part of the conversation, and it’s important to know where the boundaries are.”

Shared commitment

What attracted her to make the move? “When the opportunity arose, I started thinking about what I would do at this point in my career. It’s such a fantastic opportunity to join the Society – a lot of the same things are important, the purpose of the organisation is a really clear one and a really valuable one, promoting access to justice, the rule of law and the independence of the legal sector, and protecting the public interest; that’s a place I feel comfortable to operate in and I think all those things are really important for the quality of the civic society that we have.

“I saw an organisation committed to doing the very best that it could for its members and for society, and passionate about its profession, looking to learn and grow its expertise and I found a lot that chimed with Audit Scotland.”

Our interview has a strange, almost post-apocalypse feel to it. After a week in post, it’s McGiffen’s first day in the Society’s HQ; it’s my first time there in nearly two years; and what is her first face-to-face meeting (all COVID protocols were followed) takes place in an almost deserted office. Despite all that, she has felt welcome. 

“I have to say that the Society and its members and my new colleagues are among the friendliest people I’ve ever met. I’ve had a really lovely warm welcome from colleagues. Because we’re in lockdown and working remotely, I’m having to do Teams calls to get to know people and it’s just been fascinating to feel the passion for the legal sector that comes across on screen.”

She adds: “The range of things the Society does is huge and I feel that it’s one of Scotland’s gems. The expertise the Society has, the commitment of its members, the way members give their time to the various committees and practice of the Society, the way the Council operates, the board – people give so much to ensure that Scotland has a really strong and independent legal sector and the more people I meet, the more commitment I see to that.”

Carry on building

What does McGiffen believe she brings to the chief executive role? “I’ve got lots of experience from Audit Scotland of leading an organisation, understanding how things work, looking to improve continuously and make the most of everything. So I’ll bring real commitment and – I don’t want to use the word passion because I think that’s overused – a real energy to that.” 

At this point, she pays tribute to Lorna Jack, “because I didn’t know her before and she has been so kind and gracious in the time she spent with me in the run-up to taking on the role and in demonstrating really clearly her personal commitment to the Society”. 

More than likely she will find herself compared. How would McGiffen like to be seen? “As someone who is building on Lorna’s fantastic legacy. And I’d like Lorna to be proud of where the Society gets to and I think – I hope – I’ll be able to do that. I’d like to be seen to pick up the baton and help us move on in the post-pandemic context.” 

Interestingly, there are parallels here too. When Jack joined the Society in 2009, the country was coming out of recession, and looming on the horizon was legislation to change the shape of the Scottish profession – some of it only now coming into force. 

Present challenges

Added to that, the Society’s future as regulator is again in question. How does the uncertainty affect setting goals or a strategy at the present time?

Here McGiffen is fully on board with the Society’s response to the recent consultation. “I think the independence of the legal sector from Government is a fundamental principle. The International Bar Association and the judiciary have now made public their views on some of these matters and the critical importance that they have, and it’s so important to get this right, to make sure there’s a proportionate response to the issues raised in the Roberton review. 

“There is a huge commitment to work on improving the complaints process. I think everyone has recognised it could be speeded up; we need some legislative change to do that, but beyond that, I think the Society has a fantastic heritage, more than 70 years of co-regulating legal services, of bringing together all that expertise and commitment to the profession. How does it affect us in setting goals? I think it has helped to remind everyone of what really matters and how we need to evolve and adapt.”

What other issues are currently at the top of her list? “The Scottish Parliament’s Justice Committee has just produced a big report on the current state of play in the justice sector, and it’s a very comprehensive picture of many areas that need addressing, including legal aid services, and access to justice.

“These have been very difficult times for everybody. The legal sector is no different from that, and making sure we have a vibrant and sustainable profession with people wanting to practise across all areas of law is going to be really important. And there are concerns now that some parts of the profession are not as attractive as they might be.”

In addition, environmental goals need much more emphasis today; IT developments constantly bring opportunities and challenges; and, of course, looking at legal aid, court recovery and access to justice, “there are some very big pressures in the system, some of which need immediate resolution and some of which are for the longer term”.

Member engagement

If she were able to come in with a completely blank sheet without these urgent matters going on, what would McGiffen be looking to do?

“It would be to enhance the Society’s work across key areas: the services we offer to members, the ways we support members, the voice the legal sector has in all the legislation and policy changes that are affecting people’s lives and business; and also to make sure we continue to bring people into the profession and support them as a profession that is still seen as attractive and viable.” Here she commends the Lawscot Foundation, which has done “some brilliant work to support access to the profession, for people who might not normally be able to become lawyers”.

Answering to a large, diverse membership that provides most of the Society’s funding will be one big difference from Audit Scotland. Or will it? 

“That’s an aspect of the role that is different, but in Audit Scotland we were funded from fees, two thirds from fees and a third by parliamentary funding, so being conscious that people expect good quality services and good value for the contributions they make, whether that’s through membership fees, practice fees and so on, that is key. I think the Society’s actions at the beginning of the pandemic, of reducing fees by 20% was a bold move and indicates its commitment to helping the profession come through, so there is a lot there to build on. 

“We’re about to embark on the next five-year strategy and to consult with members on that, and I’m hoping that process in the early part of 2022 will really help hear the voices of members and what they feel the Society should focus on.

“As soon as it’s safe I’ll be out and about meeting members and listening to their concerns, and I can’t wait. In the meantime, I’ll be doing that online. So I’m very much in listening mode. We have great research at the Society as well: I’ve been reading all the research we’ve done over the last few years, into the impact of COVID on members, for example, surveys on what stakeholders think; we’re doing some member research at the moment, so I’ll be listening to all those voices in lots of different ways.”

Similarly, McGiffen is no stranger to the needs of privately owned businesses. “Public bodies work in partnership with private businesses all the time, and the public body working well is part of what creates the conditions for private businesses to thrive and to work in partnership, so although my previous role was looking at public money, as a business ourselves at Audit Scotland we would employ private organisations to do different parts of our work, so I’m very used to working with private firms.”

Use what we’ve learned

In her welcome message in last month’s Journal, McGiffen referred to wanting to help the profession thrive at the heart of a free and fair system of justice – “goals that matter now more than ever”. Does she see these values as under threat?

“There is an issue here about making sure we don’t go backwards as a society. What the pandemic has illustrated is the huge inequality that exists. We’ve all been through the same experience, but it hasn’t impacted us all in the same way. Those of us able to work at home, for example, have been very fortunate in comparison to those who have had to continue working in different ways. 

“One of the odd things about remote working has been that in some ways it’s more inclusive, because everyone is on the same platform, so although there are lots of aspects of that working which you wouldn’t want to continue, one question is how do we continue to offer flexibility and inclusion. There are lots of issues about how to ensure that court recovery and justice recovery take place in a way that is fair and equitable, and treasure what works well in the system of justice, so it’s making sure we are focused on the things that matter to us.”

She concludes: “This has been a wearing and demanding couple of years for everybody, but as well as the pain we’ve also learned lots of things, haven’t we, about how we might do things differently. And as we start 2022, although there is still uncertainty, I’m hoping that we can really strengthen the Society’s impact and influence and the support it provides for its members to make sure the legal sector can thrive and make the most of the opportunities and the learning that we have.”  

Born in Cumbernauld, she studied at Glasgow University and also holds a Master’s from Edinburgh University in social and public policy. Pre-pandemic she was studying at Cranfield University part-time, looking at the retention of women over 50 in health and social care.  

A long-time yoga practitioner, she is also qualified to teach it. Pre-pandemic, she became a fan of commuting by e-bike; during it she started open water swimming, which she now does at least once a week near her Portobello home, and has developed an enthusiasm for weightlifting.

At home with her husband and 18-year-old son, she also enjoys baking, and – yet another lockdown pursuit – has built up an impressive streak learning French on Duolingo. Cela suffit, non?