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From the archives - October 2018

Online and out of line

A family lawyer is concerned at cases of clients of unregulated online divorce advisers being badly advised, and believes the profession, and the Society, should do more to counter this

Timing the test for detriment

Our contributor considers a key point of law established in the recent decision on a permanence order, City of Edinburgh Council v GD [2018] CSIH 52

The power of conversation

A personal view of the benefits of workplace networking groups to support working parents and carers

Making Scotland an ACE aware nation

A report on a recent conference dedicated to raising awareness of the effects of adverse childhood experiences, and how they can be tackled

Reading for pleasure

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

Opinion: Jane Mair

As England & Wales begins to grapple with divorce law reform, is everything rosy in Scotland? Fault still has a potentially significant role, and more radical reform could be considered

Book reviews

Review of Dignity, Degrading Treatment and Torture in Human Rights Law (Webster)

Profile: Amanda Davy

Amanda Davy is a solicitor with Burness Paull, Edinburgh and the Council member for new lawyers

President's column

I welcome others’ willingness to work with the Society to tackle violence towards solicitors; and also the Society’s new initiative to provide support in dealing with solicitors’ mental health issues

Round Scotland from A to Z

Registers of Scotland page: Keeper's tour; ScotLIS; arrear update

People on the move

Collected news of new appointments and practice changes

When crime no longer pays

John Scott QC, a defence solicitor for 30 years whose firm is downsizing due to economic pressures, talks about the existential threat to the sector – and some highlights in a high-profile career

Hold tight for Brexit

Negative predictions for the business outlook; limited rewards at the smallest firms; and a mixed picture regarding gender trends: the results of the 2018 Journal employment survey of the profession

Debt: finding the right formula

Further amendments to the Debt Arrangement Scheme come into force this month, some of them reversing previous changes that have had unintended effects

The thick of it

Having to look for work for the first time in many years, our author found himself charting a course through an unfamiliar world, compared with his early career experience

Fringe benefits boost conference appeal

What to look out for on the fringe of the Leading Legal Excellence conference on 26 October

Private revolution

Robots and blockchain in the world of private client? The author is fairly sure these, and more, will be a feature of solicitors’ work within the next 10 years

Document Data Group Form Partnership with Law Pro

File storage issues resolved in the offering from a new document management partnership

Where have all the new firms gone?

After a fallow period, are more solicitors again willing to try starting their own practice? Some who have recently taken the plunge have found it a positive experience

New specialist land registration practice launches

In association with Lexares LLP: Frances Rooney sets out on her own

Law firms: how to attract and retain the best talent

In association with Thomson Reuters: a law firm's culture, and the right role and prospects, are among the factors that have become important in the crucial war for talent

Sentences in many guises

Latest criminal cases, including sentencing (custody, whether OLR needed, young offenders, serious organised crime, road traffic discounts, travel restriction orders); s 38(1) offences; search; Moorov

Licensing Armageddon – again?

Licensing briefing: a crisis is looming over the expiry of thousands of personal licences next year, and so far the Scottish Government is only adding to the confusion

Planning Bill changing shape

Planning briefing: significant amendments have already been made at stage 2 to the Planning (Scotland) Bill, and more could follow

HMRC called offside in referees case

Tax briefing: the First-tier Tribunal has ruled that football referees who receive only match fees are self-employed, in a case that highlights HMRC's attempts to establish employment relationships

Powers of attorney: two essential practice points

Incapacity briefing: solicitors preparing powers of attorney should, but frequently do not, provide for co-decision-making, and avoid the same person being sole attorney and sole executor

Better access to the law

Property briefing: two recent cases have helped clarify the law on public access to private land, and what an owner can, and cannot, do to stop it

Finding the right blend

This month’s in-house interview features a legal team that is integrated to share in the innovation and growth planning of a successful alcohol-producing company

Look out for AML certificate launch

New requirement will help Society comply with regulations

Public policy highlights

Recent work of the Society's policy committees, including human rights; EU Withdrawal Agreement; registration of overseas entities; fisheries management

Clients, care, competence and... cancer

The Word of Gold: the world of medicine has much to teach lawyers about running healthy practices

Practice rights and Brexit: working in the UK

With the prospects for a Brexit agreement still unclear, advice from the Society on the practising rights of Scottish solicitors working from the UK in a no-deal scenario

Claims of our age

Risk management: some of the issues facing solicitors dealing with private client work advising the elderly

Ask Ash

Advice column: I have my suspicions about my ability as a woman to progress in my firm, due to a possible old boys' network

Paralegal pointers

Preview of autumn events of the Scottish Paralegal Association

A sleep in the park

About 80% of Scottish solicitors provide pro bono work to help give something back to society. This year, sleeping bags, woolly hats and a flask of tea could be part of your contribution