Conference for change

"It’s important to take a step back and assess where we are and what we want to do.” So declared Diane McGiffen, the Law Society of Scotland’s chief executive, as she opened the final day of the 2023 annual conference last month.

That day, with in-person as well as online attendance, was only the culmination of an event that had already seen three mornings of online presentation and discussion covering many topics designed to bring about a healthier, better regulated, more sustainable and more inclusive profession. This article will attempt to convey some of the key messages not featured elsewhere in this Journal.

Culture change in the workplace

“Supporting our members to thrive through wellbeing, diversity and inclusion” was the focus of the opening day, which began with a panel discussion of how to achieve a workplace culture in which everyone feels valued.

From private practice, Iain Burke and Emma Smith spoke of achieving a shift in cultural mindset – away from the sort of banter that people used to engage in without realising how it might be viewed. To create a sense of belonging at work, you need to think more carefully and strive to create a culture of respect in which people feel safe talking about themselves and sharing opinions. Along with equal opportunities, it needs to be supported by robust and transparent policies and processes, which have to come from the top down. It’s a message that has to be reinforced regularly, with training at every level, not something that you think you can just put in place as a one-off.

In-house lawyer Kenny Robertson underlined that culture “isn’t the same as being nice people, but a day to day living of values and goals”. Yes, lead by example regarding working practices, but create employee networks to help shape policies, rather than just telling people. Energise people with a common purpose and understanding of the direction of travel – including that it impacts on all aspects of daily work. If productivity benefits, highlight that!

Session chair Rob Marrs of the Society, while reluctant to lead too heavily on financial arguments for diversity, observed that the right culture does reduce absence and therefore burnout.

A questioner raised the matter of sharing greetings for festivals such as Eid or Diwali, but sending (say) “winter” rather than Christmas greetings. There was general agreement that you should celebrate all festivals or none – and agree with staff what would be celebrated, perhaps creating a calendar.

Wellbeing was another focus for the day, conference coinciding with the launch of the Society’s Guide to Creating a Wellbeing Strategy. Dr Sigi Joseph and Dr Jane Catley (“The Doctor Explains”) addressed the question how leaders protect themselves from burnout and stress. Acknowledging that many people enjoy a “high challenge job”, they used a rainbow image to illustrate that you function best at the top of the curve – beware if you start to slip down towards the warning signs of, on the one hand, delayed responses and emotional withdrawal, and on the other, heightened anxiety, difficulty focusing and proneness to tears or rapid speech. They followed with tips on maintaining good mental and physical health, and advice to step back and get a perspective on your life, perhaps with the aid of a colleague.

In the following plenary session the Society’s wellbeing manager Lou Murphy pointed to three steps to create your own wellbeing strategy: first, secure leadership buy-in; secondly, ask your staff what support they want (the Society document has a sample survey, as well as some practical case studies); and thirdly, create a plan, using a “you said, we did” approach.

Sustainability: a tailwind

Day 2, titled “Innovation and efficiency in the legal profession”, divided its attention between legal tech and AI, on which much has been said already in this Journal (and see our separate feature on p 22), and the subject of sustainability.

On the latter, a session chaired by Sustainability Committee convener Paul Gostelow heard of the journeys he and other speakers had made individually towards their own commitment to a more sustainable way of life – which, he said, “doesn’t require us to believe in the climate crisis, just in a better way to do things”. There was indeed a climate sceptic among the questioners – in reply to whom the panel affirmed that they too had read widely on the subject and while it was important to keep your eyes open and ask questions, the evidence was there in the impacts on the natural world.

As for firm governance and strategy, a presentation from Michael Watson of Pinsent Masons emphasised, among other points, that ESG (environmental, social and governance) issues affect every service line and every aspect of business operations: “It’s critical to get everyone into the mindset”; you don’t just create an ESG team and leave them to get on with it. You also need a good understanding of clients’ policies and procedures – you “can’t stay neutral”. Although the COP summit commitments are not yet part of national law, the issues are with us now, especially for in-house teams.

Watson’s concluding comment: “The tailwinds driving ESG response through business and society are greater than the headwinds of scepticism.”

Face to face for our rights

Subjects covered on the third morning (anti-money laundering, reform of the complaints system, and regulation reform) feature elsewhere in this issue – Alison Hook, who writes on p 5, and Craig Cathcart (p 44) both presented – and have been regularly canvassed in the Journal. So we move on to the full day climax of the conference on day 4, a hybrid event with a good couple of hundred present at the Edinburgh International Conference Centre and possibly as many joining online.

To set the scene, Almudena Arpón de Mendívil, President of the International Bar Association, joined us on screen to give the opening keynote, titled “From global to local: the rule of law and human rights as international values”. The IBA itself, she told us, was born from a conviction that lawyers could contribute to global peace and understanding through the rule of law. She identified six values to which the rule of law contributes: accessibility and clarity of the law; equality before the law; protection of fundamental rights, with access to justice for all; affordable legal redress (a challenge across the world); proper exercise of powers by public officers, including the judiciary; and the proper exercise of powers by the state, with nations sharing responsibility for freedom and justice.

Drawing a “Garden of Eden” comparison, the President said we accept the restraints imposed by laws in order to achieve the benefits that brings. A unified position internationally can lead to change, and after declaring the IBA’s support for the Society’s stance over the Regulation of Legal Services Bill, she concluded that we must all be spokespersons for rule of law values.

The theme of linking the global and local continued in the ensuing panel session. Peter Maynard, chair of the Commonwealth Lawyers Association – which engages its members in protecting the rule of law and access to justice – quoted former UN Secretary General Kofi Annan who said the two concepts are essential for the functioning of democratic society; and Nelson Mandela in proclaiming that to deny people their human rights is to challenge their very humanity. He too called for constant vigilance about the independence and self regulation of the profession.

Lady Clark of Calton reflected on the UK’s uncertain relationship with the European Convention on Human Rights, despite having played a leading role in its drafting. Professor Alan Miller, first chair of the Scottish Human Rights Commission, underlined the need to think globally because of the Ukraine and Israel/Hamas situations – he has worked in all these places – then turned to advancing rights in Scotland. From his experience, to achieve anything with the Scottish Government or Parliament (in regulation or otherwise) we have to persuade them that the result will improve people’s lives – and provide Scotland with the credentials to take its place on the international stage. The proposed Human Rights Bill is a positive step; what we need is a consistency of approach across government.

More understandings

In a powerful session presented by the Trauma-aware Law Group, Melissa Rutherford pointed out that while eight out of 10 people in prison have a background of trauma and the subject is particularly relevant in criminal law, many kinds of legal transactions can take place in very stressful situations and we all have a duty to be trauma-aware. Being so can change relationships with clients and give them more confidence in their solicitor.

“If you have a plant that doesn’t grow properly, don’t blame the plant – look for the reasons why”, counselled James Docherty, who turned his own trauma-affected life round once he found the right support. Healthy relationships are needed for us to develop well and build resilience; becoming a father had been a key moment at which he knew his life had to change, but it still needed the right guidance from someone who understood what he had gone through.

Also on the day’s agenda was the need for, and how to keep, female leaders. Points covered by the panel (all-female, of course) included the need for role models, and how younger people today look at firm websites to see who is in leadership roles; clients expecting diverse thinking; that progression, and leadership, do not necessarily equal partnership: it has to be right for the individual, and we have to be clear about what people need to do to achieve their motivations; and the fact that these days businesses are held to account: if people don’t get what they want, they will move elsewhere.

Things have changed, and will get better, but the key is culture change: it has to become acceptable for men as well as women to have to do child pickups and the like.

From the floor, former Society President Amanda Millar pointed out that an inclusive workplace isn’t just about men and women.

Life outside

What would you make of a closing keynote simply billed “Speaker: Dr Merritt Moore, Professional Ballet Dancer and Quantum Physicist”? Well, if I have one takeaway, it’s that indulging in a passion for one hour gives you more energy and makes you more productive and motivated. (Luckily I have some handy local hills that I can circuit in an hour at lunchtime!)