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From the archives - June 2019

The menopause: the new protected characteristic?

Awareness is growing of the effects of the menopause on working women – and with it the potential for a discrimination claim against an employer who fails to recognise them

Young lawyers and the retention issue

Report on a Scottish Young Lawyers' Association survey looking at members' pay and conditions, and issues that cause them to consider leaving the profession – a thought entertained by the majority

Tradecraft – one solicitor's experience

A veteran property solicitor offers some practical “nuts and bolts” advice for trainees and the newly qualified, based on personal experience – and hopes others will do likewise

The clinical psychologist as expert witness in family law

Two clinical psychologists explain their approach to assessing a child in a family law dispute, which focuses on the parent-child relationship as of central importance

Reading for pleasure

This month's selection of leisure reading, chosen by the Journal's book review editor

Opinion: Mark Leiser

Heralded as an empowering measure giving individuals control over their personal information, the GDPR is in practice being undone by its own complexity and has strengthened the position of big tech

Book reviews

Review of Employment Law and the Gig Economy (Mackay and Powell)

Profile: Edward Sakala

The executive director of the Law Association of Zambia has chosen Scotland and its Law Society for a three-week executive internship to learn how to build capacity in his home country

President's column

The immeasurable contribution Scottish solicitors make to our society will be my inspiration for the year ahead – one in which we will have important issues to address

Why legal tech still needs a human touch

In association with Insight Legal Software: the next generation of software still has to come with the right personal backup

People on the move

Collected news of new appointments and practice changes

New partner? Time for a financial review

In association with Brewin Dolphin: several aspects of your financial situation will change, and we recommend you take advice

A worthwhile job

Taking up office as the Society’s President, Falkirk criminal defence lawyer John Mulholland wants to stay grounded in practice – and members to feel free to approach him to discuss issues of the day

All litigants are equal... but some more so?

Growing numbers of party litigants mean more occasions when courts have to consider the consequences of their failure to comply with procedure rules; and the degree of leniency shown is changing

Children Act: the results are in

A family lawyer analyses responses to the Scottish Government consultation on the Children (Scotland) Act, and concludes that the Act needs some updating but basically remains sound

The UNCRC: in our stride, or a giant leap?

Is implementation of the United Nations Convention on the Rights of the Child into domestic law likely to mean a real change? A child law specialist considers the Scottish Government consultation

Client capture: a “people” platform

In association with Just Law Quotes: how can you reach out to potential clients online while making the contact personal and without spending thousands? Just Law Quotes has a solution

Power in the land

The Scottish Land Commission is taking a serious look at both rural and urban land issues and forming radical ideas in relation to both, as the Journal hears from chief executive Hamish Trench

Domestic abuse cases on the way

Latest criminal cases, including police assault; appeals out of time; diminished responsibility; dangerous dogs; sentencing, including children; consent to intercourse; and a note on the new abuse law

Data protection in M&A deals – at crossed purposes?

Corporate briefing: data protection rules impact on the due diligence process in corporate sales or disposals, and steps should be followed to ensure that personal data are handled appropriately

When recognition is not enough

Intellectual property briefing: three recent cases show the difficulties of relying on a brand's perceived reputation in defence of EU and UK registered trade marks

Strictly by the book?

Agriculture briefing: Land Court decisions have clarified the requirements for an application for determination of rent, and the rules regarding appeals against reductions in CAP payments

Short pay?

Sport briefing: deductions from pay for the purchase of season tickets by employees have been held not to infringe the national minimum wage legislation, though only one of the arguments succeeded

Scottish Solicitors' Discipline Tribunal

Report relating to Alan Mickel and Tasmina Ahmed-Sheikh

Freed from chains?

Can English-type chains in property transactions be avoided? Precautions may not be enough, but experience shows that proactive management can prevent them getting out of control

About a planet

Communication skills are key in meeting the challenge of protecting the environment from the serious threats facing it – so says our in-house interviewee, whose daily work this is

Public policy highlights

Recent work of the Society's policy committees, including succession; vulnerable witnesses; environmental protections; physical punishment of children

Dear employer...

An open letter to employers, resulting from a round table for trainees and NQs that turned up some stark illustrations of why culture change is still needed in order to promote employee wellbeing

Team building – for the Foundation?

You can achieve free team entry to some charity fundraising events, if your efforts go to supporting the Lawscot Foundation

Accredited paralegal practice area highlight: conveyancing

The competences needed for accreditation in both residential and commercial conveyancing

Accredited Paralegal Committee profile

This month we feature committee member Sandra Reid, a residential conveyancing paralegal at Lindsays and also the President of the Scottish Paralegal Association.

What's new for paralegals?

Paralegals are encouraged to take the Law Society of Scotland's mental health survey, running this month

Ask Ash

Advice column: my colleague shows signs of distress; is it intrusive to enquire?

Managing the risk of workplace stress

Stress has implications for risk management as well as employee wellbeing. Here we highlight the likely effects, and suggest ways in which the incidence of stress might be monitored, and acted on

Appreciation: Iain Alexander Macmillan

Tribute to a former President of the Law Society of Scotland, noted for initiatives in legal education

Revealed – by your AML certificates

Strong data on Scottish solicitors’ potential exposure to money laundering operations has emerged from analysis of the first round of AML certificates required of the profession