Constitution "in serious need of overhaul"

In my view, the constitution and standing orders of the Society are in serious need of the overhaul they are now getting. Put simply, they are more suited to the foundation of the Society more than 60 years ago than the 21st century.

As a lay observer on the Council and someone with experience in the rules that regulate meetings, I believe that the standing orders in particular are simply unable to deliver the kind of clear results required of an organisation such as the Society. That much was apparent at May’s Annual General Meeting, which could have resulted in three conflicting motions on alternative business structures all being passed by members. Perhaps the ABS debate put the standing orders to the test more than at any time in the past. Equally, it was a useful reminder that action needed to be taken.

On the one hand, any elected body needs to get down to substantive business rather than spend its time reinventing the procedural wheel. On the other, no such body can operate efficiently without rules that clearly and simply hold the ring between varying opinions and deliver clear outcomes. The alternative is increasing awkwardness in policy making.

Reform of the Society’s constitution is tied up with changes that are taking place within the organisation, the legal profession and wider society. The revised rulebook will have to be flexible enough to cope with increasing demands and expectations. However, like the revision of the standing orders, I am convinced it will prove its worth in the years to come by resulting in more effective and efficient ways of working.

A further change due to take place is the increase in lay involvement in the work of the Society. Since first joining the Council four years ago, lay observers have already helped to bring greater rigour to (among other things) financial planning and review. I believe that the suggested introduction of 20% lay membership of the Council would provide the appropriate level of external experience and expertise.

But however many observers there are, their role is to advise and warn; it is for solicitors themselves to get into the engine room of the change process, not least by responding to the ongoing consultation exercise. After all, these issues concern their livelihoods rather than ours.