Lessons from others' reform efforts

Much has changed since the formation of the Law Society of Scotland, not least the composition of the profession itself, as illustrated by the apparent tension between large and small firms during the recent debate on alternative business structures. The Society has already taken welcome steps to meet the needs of an increasingly diverse membership. But the process of unifying a changing profession will require constitutional arrangements and standing orders which ensure the business of the Society is conducted in a way that properly satisfies the requirements of today’s solicitors.

There are certainly lessons to be learned from elsewhere. As a member of the Institute of Chartered Accountants of Scotland and the equivalent bodies in both Ontario and Alberta, I have witnessed governance reform in other professional bodies. The Ontario institute, in particularly, offers some interesting thinking about possible ways forward. It has redefined its rules to ensure they work better and also clarified the distinct roles of the chief executive and the president, both changes that would benefit the Society.

Other weaknesses in the current arrangements include representation on the Council. In many debates during my four years as an observer, it seems that some Council members speak more for a particular interest group than their geographical constituency. Although the proposals contained in the Society’s ongoing constitution consultation retain considerable representation by sheriffdom, they would also introduce an enhanced element of representation by interest group, which is an improvement.

However, I would argue that the size of the Council remains unwieldy, more so if the number of lay members increases, and may have to be revisited at some point in the future. Likewise, the proportion of lay membership may require further consideration. The outside world does not necessarily perceive solicitors as they perceive themselves. Like other professionals, it helps if a mirror is held up to them from time to time.

Certain features of the current system work well – for example, the committee structure with its many committed and knowledgeable volunteer members – but the failure to build on the existing process of reform would benefit neither the solicitors’ profession nor the clients they serve.