President's column: July 2023

A month since taking on the presidential role, I think I am beginning to find my feet. It has certainly been a busy few weeks, so far including meeting colleagues across many of the teams at the Society (still a few to go), speaking at our New Partner Practice Management Course, welcoming attendees at our Virtual Summer School to introduce school pupils to legal practice, welcoming those attending our In-house Conference and presenting the In-house Rising Star Award to a very worthy winner, attending a Faculty of Advocates’ conference on pro bono initiatives and a reception to mark the centenary of the admission of Margaret Kidd as an advocate, and last, but certainly not least, working on our Society response to the call for evidence in relation to the Regulation of Legal Services (Scotland) Bill. It’s definitely varied.

In the quieter moments, I have been pondering some of the issues which particularly interest me and which I aim to have as a focus of my presidential year. Those should not come as a surprise to those who have read my Journal interview (May 2023, 12) with our newest Honorary Member Peter Nicholson (congratulations again, Peter!).

Wellbeing: the kindness factor

Wellbeing is one of those issues – and my recent family holiday to Cape Cod and Martha’s Vineyard was a great reminder of the importance of self care, of looking after ourselves, and taking time out to relax. Returning to the office, and with an eye on the TV footage of Glastonbury, the importance of our wellbeing struck me again as I watched the kindness of the crowd, helping out Lewis Capaldi as he struggled on stage.

Kindness. It is so important that we are kind to others, and that we consider how our behaviours impact on those around us. Many of you may have heard of the Mindful Business Charter (www.mindfulbusinesscharter.com) – as it says on the website, a practical framework that encourages us to be more thoughtful about the impact we have on each other. It is certainly worth a read. As you probably know, I practise as a commercial litigator. I was thus present, online, at the launch a couple of months ago of the Mindful Business Charter Guidance for Litigation Professionals, and it caused me to stop and think.

Litigator behaviour

I sense, over my time in practice (too many years to admit), that a slightly aggressive note has become more common in communication, written and verbal. Some solicitors, even today, refuse to contemplate processes such as mediation. Others appear to believe that berating the other solicitor at length will eventually cause the opponent to give in (doesn’t work in my experience). A few seem to go so far as to be willing to act as mouthpieces for their clients – which is not how I see the role of the litigation solicitor.

And those behaviours have an impact on others in a dispute process. Other areas of practice will have their own examples. Is that how we should practise law? I have my doubts. I believe that we can each do our jobs, and do them well, while remembering the kinds of principles set out in the Charter. One of my most contentious cases, with clients diametrically opposed in views, was completed (a four-day proof, with experts on both sides), and decision issued within six months of the dispute arising – and that was in large part due to co-operation between solicitors as to management of the case, and respectful communication. I remember a difficult case with some fondness – something I suspect is rarer than it should be. I wonder if my opponent in that case recognises themselves, many years on? Should that not be how it should be? Would observing the principles in the Charter not improve all of our wellbeing?

New guide

At the Society, we have been working on a new wellbeing guide – a Guide to Creating a Wellbeing Strategy. We will be launching that shortly, so much more on that then. Our work on this reflects the importance of wellbeing in our profession – and I would remind all of you of the valuable material available on our website under the Lawscot Wellbeing tab.

So the message this month is a simple one. Be kind to yourselves and to each other. And enjoy any upcoming holidays you have. Here’s hoping for more of the beautiful weather you had here in Scotland while Canadian wildfires brought cloud to the Cape!

And this month’s additions to that presidential playlist:

Old Cape Cod, Patti Page (obvious reasons).

Treat People with Kindness, Harry Styles (it had to be…).