President

It has been quite the finale to my time as President with not one, but two new bills of deep significance for the profession in my final few weeks.

The Victims, Witnesses and Justice Reform Bill introduced in late April has caused huge concern within the profession. Its proposals present huge risk to the fundamental principle of a fair trial, and of miscarriages of justice. We are deeply concerned by the prospect of a judge-only pilot, seemingly based on the dubious premise that jurors are returning the wrong verdicts in sexual offence cases.

Important and substantial improvements can and should be made to ensure that complainers are treated with sensitivity and respect. We support the overall aim to deliver a more person-centred approach within the Scottish criminal justice system, but fundamental changes such as judge-only trials, changes to jury sizes and abolition of the not proven verdict must not put at risk the right to a fair and just trial.

The Regulation of Legal Services Bill also serves up some extremely worrying proposals. One of the most important roles we play as solicitors is to challenge Government on behalf of clients and hold it to account. A proposed new power allowing ministers to intervene directly in regulation risks seriously undermining the independence of the legal profession from the state.

However, the bill still presents an important opportunity to bring about real, positive and longlasting change for the profession and those who depend on our services. In some aspects the bill could go further, particularly around the way complaints are handled so cases can be dealt with more quickly, improving things for both complainer and solicitor.

We will be doing everything in our power to ensure that the most concerning aspects are removed as the bill progresses through the Parliament, as well as focus on where it can achieve most benefit.

The end of April also marked the new legal aid regulations coming into effect. While the £11 million increase in funding is a much-needed step, it by no means addresses the many years of underfunding. There remains much to be done, most importantly a fee review mechanism as a longer term solution. Legal aid is a crucial part of our justice system, designed to ensure that anyone regardless of financial circumstances can uphold their rights. We cannot afford further delay without a high cost not just to the profession, with the ongoing decline in legal aid solicitors, but to our wider society.

Not so quiet

So it has been an eventful few weeks to finish off an incredible year.

When I started in the role, people would ask, what do you want your year to be, and my response was always “uneventful”. Well in addition to new legislation, I can count two monarchs, three Prime Ministers and two First Ministers, so it seems I didn’t manage that.

But the turmoil, political upheaval and constitutional challenges were not just felt here at home. Across the world, the saddest and most significant of these has been Russia’s illegal invasion of Ukraine, now over a year ago.

The legal profession has a special duty to stand up for the rule of law. I was very proud therefore that earlier this year, the Society’s Council passed a motion reaffirming its condemnation of the invasion and expressing profound sympathy with the people of Ukraine. We can be proud too of our legal sector in welcoming and providing a sense of community to more than 80 Ukrainian lawyers who have sought refuge in Scotland. I have many incredible memories of my time as President, but possibly none more so than the very humbling experience of being made an honorary member of the Ukrainian National Bar Association alongside other members of the Society and Faculty.

Getting out to meet many of our members in person and listen to issues or concerns was a priority for me from the outset. These past 12 months I have been reminded so many times that however specialised we may be, whether we work in the country, the city, at large or small firms or in-house, as solicitors we are bound by common principles, the importance of the rule of law and the independence of the profession. On each visit I saw the huge commitment our members have to their clients and organisations, and learned what you are seeking from the Society to help you in your work.

I have been immensely privileged and hugely proud to represent our members as President. It has very much been a team effort and I have been supported by Ken Dalling as Past President and my Vice President Sheila Webster, who will bring her trademark energy and humour when she takes up the role at the end of the month, as well as of course Diane McGiffen and her whole team at the Society.

I’ve reached the end of my term with a fairly hefty baton to pass on, but I know Sheila is most definitely up to the task and will do an incredible job in steering the Society throughout the next 12 months.