Appreciation: David Michael Preston

Former Law Society of Scotland President David Michael Preston passed away on 30 July after a short battle with an aggressive illness, which he bore with his usual fortitude, positivity and humour.

David spent his entire private practice career with Hosack & Sutherland in Oban. He was enrolled as a solicitor in 1976 and made a partner only two years later in 1978 – testament to his diligence, ability and “rightness” for the role. Both through and in addition to his practice, David was a prominent figure in the Oban community, was engaged in many facets of community life and was routinely sought out by many as a source of wise counsel on any number of issues, legal or otherwise. Focused resolutely on his clients’ needs, the trust, confidence and affection in which he was held by so many was very clear.

Among these was as treasurer of Oban Rugby Club and as either a regular competitor or steward in the Round Mull sailing week. Of wider community impact was his central role in the creation of the Atlantis leisure centre. A remarkable team effort centred around having the right people involved, doing the right things, in pursuit of a common vision. It was very much ahead of its time for such a community venture and was in many ways the blueprint for community development. Suffice it to say that if the Atlantis leisure centre was being undertaken now, it would be approached in just the same manner but with the availability of far more in the way of public and third sector support. It is a shining example of an enduring, fundamentally important resource for the community that aligns to many of today’s aspirations around health, wellbeing and community activity and is an excellent legacy.

There was however significantly more to David’s career than a 30+ year term with Hosack & Sutherland. He served as President of the Society in 2002-03 at the end of a term on Council that began in 1991, after which he joined Registers of Scotland as a key interface with the profession during the development of the Automated Registration of Title project; he was joined in that by Tom Drysdale, recently retired as a partner of Shepherd & Wedderburn (with whom he became good friends), and their combined perspectives ensured the entire profession’s interests were fully brought to bear.

This was a focus also of his presidential term, where he strived to ensure that the key interests, challenges and differences in the profession – especially for rural practice – were properly acknowledged. Returning to sit on Council from 2012-16, he again raised this issue, and would have been pleased to note that the current President, Sheila Webster, has also recognised the discrete challenges faced by that sector.

David, along with Martin McAllister and Joe Platt, operated a triumvirate approach over that presidential period, the effectiveness of which has yet to be surpassed, demonstrating the importance and value of following such a model.

David remained forward-looking throughout; he was interested in the potential for the profession that technology afforded and considered it important for the profession to be fully aware of that and engage as soon as sufficiently mature solutions evolved. In a similar vein, he qualified as a mediator and was firmly of the view that many disputes were far better resolved through that medium than litigation. A supporter of the Scottish mediation network, it would be fair to say that he remained disappointed at the extent of resistance to embracing mediation more systemically.

In the latter part of his career David joined both the Mental Health Tribunal and the Housing & Property Chamber as a legal member when these were created, and served on them until his passing; on each he was keen to encourage the use of technology to support members’ conduct of tribunal business.

Over the same period he also supported the General Teaching Council for Scotland’s disciplinary and regulatory work, and provided wise (and much valued) counsel to Brian Inkster on a range of regulatory and management matters.

He remained on the roll of solicitors continuously from his admittance in 1976. His engaged support for the Society endured for 30 years and, even when he did not agree with aspects of the direction of travel (which he did not shy away from raising), he would always provide support whenever requested.

David’s wisdom, thoughtfulness and wit will be very much missed by a great many (as will his at times gleeful inclination to spark “lively” debate). Though so much has evolved over the past 40+ years since his enrolment as a solicitor, the underpinning principles and approach that infused his whole approach to his practice, clients, community and wider work remain as relevant today as they were then and serve as a beacon for those operating a rural (or indeed any general) practice.