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1 June 04

A year full of challenge

by Duncan Murray

President's message: the next 12 months will see a renewed focus on core values - but the profession must remain committed to service

As I write this, I am not yet President. I avoid using a verb to break away from Michael Scanlan’s simile of “being installed – like a washing machine” when he became President.

I would first like to wish Peter Nicholson all the best as the new editor. I look forward to seeing the Journal continue to improve over the next 12 months – without prejudice from this column.

Confucius might speak of interesting times as a curse and Bob Dylan’s lyric that they are a-changing remains as true as ever, but as one who sees the bottle as half full, rather than half empty, I am looking forward to the challenges of the year ahead.

There are major issues facing solicitors in Scotland. By the time you read this, the Society’s response to the Clementi consultation paper will have been submitted. The Council will also have considered a consultation and foundation document on the principles of education and training for solicitors (these documents will be available on the website). The documents are germane in the context of the Clementi consultation, which concerns the recognition of the core values of the solicitors’ profession and its importance in society.

The Clementi consultation has focused minds on what it means to be a solicitor today. It is solicitors who oil the wheels of commerce; resolve disputes; prevent abuses by the state; assist individuals often in distressing and/or stressful times. We act with high ethical standards and, in my view, can be relied upon like no other profession to tell the truth. We are an increasingly diverse and specialised profession but we do, I believe, have a common ethos. Solicitors want a Society which regulates lightly but deals with those who fail to uphold the high standards we set ourselves. I am proud of and certainly intend to stand up for the profession I am honoured to represent.

I will work to achieve the introduction of arrangements to facilitate multi-jurisdictional practices, to allow Scottish firms to practise as one business within and outwith Scotland. Another priority is to achieve an improvement in legal aid rates of remuneration, which have fallen so far behind commercial rates. Given the importance the Clementi consultation places on access to justice, the Scottish Executive must support this cornerstone of a democratic society by continuing their review of this work and ensuring it is funded properly.

I am also committed to listening to the membership. Faculty visits are key to this and the Society has, through Douglas Mill’s leadership, achieved greater engagement with the membership. I have greatly enjoyed the faculty visits I have been on as Vice President and am looking forward to those I will undertake this year. Similarly, I have been delighted with the response to the invitation to members to participate in the Society’s committees.

Regrettably, good news doesn’t make headlines or attract votes. Contrary to recent reports, the Society receives a very small number of complaints. Even the Scottish Legal Services Ombudsman recognises it is not a problem that numbers are increasing, a fact which may have many causes – individuals are more willing to complain; more solicitors are undertaking more work; and clients may feel more able to complain through the Society given the 50% involvement of lay members in complaints committees. With the new system of complaints handling introduced last September, we have already seen substantial improvements and we will continue to work to do better.

I would urge members to resolve customer dissatisfaction yourselves. Many of us are wary or weary of management speak with trite phrases like “a complaint can be an opportunity”. Yet last weekend brought home to me the benefit of effective customer care. My son who is 11 had a computer game which wasn’t running properly. He demanded that we take it back. The shop assistant listened to his complaint and resolved it in a positive way. He and I left as more satisfied customers with our confidence enhanced. So well done PC World. We all know that other truism of management speak – recommendation is the best way to attract new business.

I have been privileged to be Vice President to Joe Platt who has undertaken his year of office with an understated dignity and boundless energy. I hope that I can measure up to his fine example. Having survived the lack of sleep induced by a young family I just hope I can cope with the late nights, vast amounts of information and essential post-prandial networking! Those who know me see little risk of middle aged spread. They thought Miles Kington was talking about me when he said that lawyers are middle aged at 25. Twenty years later I appreciate that even if the times do change, experience can inform and enlighten and I look forward to sharing my experiences with readers over the coming year.