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From the archives - April 2008

Thinking ahead

President's message: decision time is on us for taking forward the plans for new forms of legal practice - but firms face other issues that also call for forward planning

A line too often crossed

Opinion that defence questioning of complainers in sexual assault cases designed to appeal to prejudices about women's behaviour should not be allowed

Big leap forward

The Society's Vice President sets out the background against which the proposals for new business structures have been drawn up, and why it is time to push for change

Independence: still viable?

Yes-no debate on the question "Can we preserve professional independence in a legal business not owned by solicitors?"

FAIs: a new lease of life

The review of fatal accident inquiries to be undertaken by Lord Cullen is an opportunity to address various concerns recently expressed in relation to the conduct of inquiries

ARTL: Turquoise is in the pink

Update from Registers of Scotland on the final testing of the automated transfer of title system, and a consultation on information fees and services

Summary trials: deciding the facts

Second of three articles examines factors affecting the reliability of witnesses' testimony

Life at the sharp end

Interview with Dorothy Lowe, President of the Society of Messengers at Arms and Sheriff Officers, on their aims now that their members are to keep their current status

Conscience and public service

Author argues that where public duties are involved, there should be no place for invoking rights of conscience at the expense of those in civil partnerships

Wills and ways

The arguments for and against a compulsory register of wills, an idea which continues to be discussed in official circles

Society unveils new services scheme

The Law Society of Scotland is launching a new initiative to put solicitors in touch with the providers of key services

From the Brussels office

Update on ECJ fast track rulings; cross border debt recovery; agreement on ADR

Solicitor advocates push for change

Solicitor advocates are seeking revocation of the Supreme Courts Practice Rules 2003, and parity of fee treatment with advocates in sheriff court proceedings

Achieving "senior" rates?

The Law Society of Scotland and the Society of Solicitor Advocates are consulting on proposals to recommend solicitor advocates for legal aid remuneration as "senior"

Will relief nets £23,000

The November 2007 Will Relief campaign raised £23,000 for the five participating charities working for the relief of suffering overseas

CPD: the way forward

Leader of the Continuing Competence, Professional Development project explains the themes behind the pending reforms to CPD

Life on the edge

Another contribution on the theme of the survival of small firms recounts how one practice in Kirkwall has a brighter future through investing in its people

Pre-action protocol for industrial disease claims

The terms of a new voluntary pre-action protocol, covering industrial disease claims intimated on or after 1 June 2008

Fit a doin'?

Introduction to the challenging world of the mobile phone forensic analyst, from one who provides digital media analysis to defence lawyers

Same difference

Review of recent commentaries on risk management in Australia, Canada and England finds strong similarities with the live and emerging risk issues in Scotland

Curiosity corner

Latest criminal cases, including breach of the peace; proof in mitigation; defective representation; devolution issues; fair trial; extension of time limits

System? What system?

Difficulties with the new regulations and forms are causing as much variation in licensing board practice as ever - and the fees are hurting the small operator

Reviewing appeals

The new planning appeals system currently in draft regulation form will increase the importance of applicants seeking early advice

Testing insolvency

Discussion of the Cheyne Finance decision in England on when a company is to be treated as unable to pay its debts, which may have served only to muddy the waters

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to William Michael Lewis; Alistair George Kay; Alexander Ritchie Robertson; Richard Allan Sandeman; Malcolm Cameron

Website reviews

More websites from the relaunched Faculty of Advocates stables

Book reviews

Reviews of Employment Law: An Introduction (Craig and Walker); The Strange Affair of Madeleine Smith (MacGowan)

Day of creation

Why we should all support World Intellectual Property Day and promote respect for intellectual property

Lawyer behind the camera

A fly-on-the-wall account of legalling reality TV

Homing in on home reports

Author believes that home reports as currently proposed will not benefit purchasers or sellers, and reports on his reservations and his recent contacts with government