President's column: August 2023

As soon as I hand over one column, my thoughts immediately turn to the next one, and what I would like to say. Conscious of recent commitments, I intended to talk this month about our role as lawyers in civic society and the importance of that role. But I have been diverted, unexpectedly, to one of the issues I mentioned as of interest to me in my Journal interview in May.

Anyone who has heard me talk about my forthcoming year will know that equality, diversity and inclusivity are of considerable importance to me. It was, particularly, a huge pleasure to attend the Pride brunch we co-hosted on the day of Edinburgh’s Pride March. Speaking with others present, I was reminded of the importance of remembering that all the Pride events are very much still required, as a protest as much as a celebration. Yes we have come far, but the brightness and joyfulness seen on the day should not mask the need to remember that prejudice has not gone away.

Top 10 what?

However, it was not that which diverted me. That was a column in a business magazine entitled “Top 10 Most Influential £10m Real Estate Lawyers in Scotland”. Let me say that I do not dispute that each mentioned in that list (whatever a £10m real estate lawyer is) is deserving of that title (that my own firm’s managing partner features is irrelevant!). What disappointed and shocked me was that every person featured in that list was a man. How can that be in 2023?

Are we to believe that no woman lawyer in Scotland is worthy of inclusion in that list? That is simply not credible. I dug a little further. On doing so, I noticed a close similarity between the list and many of those featuring in a list in one of the main directories “rating” lawyers. The directory list had 12 individuals in it. Two were women. One might think that that is astonishing when well over 50% of those starting law degrees are women. But those two women lawyers did not, for whatever reason, make it into the published list in the business article I saw. Other similar lists in directories with slightly different categorisations had a slightly higher representation of women, but still nowhere near even 50% overall.

One list in one area of law. But it raises two questions for me. Why did no women feature in the business article? And a possibly related question, why is it that the number of women reduces quite significantly at senior levels in the profession? We await imminently the full analysis of the results of our most recent Profile of the Profession – it may contain some answers. But we have to understand this, and, so far as possible, do something about it. I’m starting conversations about this with several solicitors with an interest in this topic. You will hopefully hear more as those continue. If you have any specific ideas, then please do get in touch. I’m interested in all views.

Recognition for a role

Finally, I had the honour to represent us at two significant civic events this last month. First, a very wet Royal Garden Party at Holyrood. The second, a once in a lifetime event: the National Service of Thanksgiving and Dedication for King Charles III, at St Giles’ Cathedral. As I looked around, I was struck by how many aspects of civic society were formally represented (even more when you consider the procession of so many individuals representing all sorts of organisations which was part of the celebrations), and our role as lawyers – and the importance of it – in society.

Upholding the rule of law and all that it represents is hugely important. More than one of my predecessors had cause to write to government protesting the vilification of lawyers. I would not hesitate to do so if needed. I mentioned last month the Regulation of Legal Services Bill and the work we are doing with the Scottish Government on those proposals which we believe threaten our independence as lawyers – that has been much of my focus this month, and it will continue to be so as the bill progresses. Our role in civic society is important – it will be the reason we were invited to be represented at these events. We must live up to the importance of our role, do what is right by all people, and be proud of our profession. We should never forget that.

And this month’s additions to that presidential playlist:

I Am What I Am, Gloria Gaynor (thanks to my friend and former colleague Greg for that suggestion!).

Ae Fond Kiss, Robert Burns (sung by Karen Matheson) (in recognition of the Scottish, the traditional and Burns, all of which formed part of the glorious music at the Thanksgiving Service).