Book reviews

Reviews of Abolition of Feudal Tenure in Scotland; New Partner's Guide to Management

The Journal, March 2004, page 59

THE ABOLITION OF FEUDAL TENURE IN SCOTLAND

Kenneth Reid has been more closely involved with the dramatic changes in the law of property and conveyancing in Scotland than any other person in his capacity as a Scottish Law Commissioner. Who better then to write on the abolition of feudal tenure and the resulting changes in the law of real burdens? Many practitioners will have found difficulty in the interpretation of what is essentially a two stage legislative process. It is one thing to understand and appreciate the provisions for abolition; it is quite another to understand the provisions which will apply to real burdens in a non-feudal context. What practitioners require is a step by step text which proceeds logically from feudal abolition into the brave new world of simple ownership.

Professor Reid has always had a genius for breaking down difficult law into manageable and understandable portions. He has achieved this again in this book. Its 14 chapters are all absolutely necessary for a proper understanding of the new legislation and they follow a well constructed logical sequence beginning with the end of feudalism, and proceeding through the transitional provisions for re-allotment into the new dawn of non-feudal ownership. Everything from the implications of the Human Rights Convention to barony titles is dealt with in a concise yet comprehensive manner. Moreover Professor Reid provides styles of all the statutory notices.

This book is essential reading for all who practise in property law but it will also be of interest to professionals such as surveyors and estate managers, not least due to the very useful glossary of terms old and new.

Some would say that it is almost impossible to write an interesting textbook on statutes. Professor Reid has succeeded where others have failed. As I read the text however I was conscious of a slight feeling of regret at the passing of feudalism. Out go superiors, vassals and even the King’s Kindly Tenants of Lochmaben, and in come economic development burdens, health care burdens and other no doubt well meaning creations. Life will never be the same again.

Professor Robert Rennie

NEW PARTNER’S GUIDE TO MANAGEMENT

As a general rule, lawyers aren’t trained how to be managers. Yet anyone contemplating running their own business would be expected to have some management knowhow. It is this knowledge gap that Young tries to address in brief.

Young’s comment, “in some ways this is a management ‘starter kit’ ”, is a fair and honest assessment. He touches all the basic aspects of running a law firm and points to further reading. But his book is crammed with essential material every new partner needs

Young accepts that many lawyers are too pre-occupied with achieving partnership to consider what the role involves. He clearly sets out the various facets and the difficult transition from employee to employer/ manager. His easy-to-read book is split into nine manageable chapters, each with a helpful introduction. Subheadings, and headed paragraphs, allow the reader easily to spot topics of special interest. Those who don’t skim will be taken swiftly through a myriad of topics from technical aspects such as accounts, work in progress and sharing of profits (including partnership agreements), to people issues such as absenteeism, grievance procedures, recruitment and even areas such as stress – how to avoid it, and spot it in others.

Throughout, the reader is pointed along the correct path with almost bullet point efficiency, and comes away quickly grasping the dos and don’ts of people management as well as basic business principles.

This is the type of book that should be required reading for those considering partnership. It would also serve as a useful refresher. Don’t let its origin put you off. Only a few minor references are of little relevance to Scottish solicitors, as the basic principles are the same in both jurisdictions.

This book would definitely be a worthwhile investment for any potential new partner. Forewarned is forearmed!

Elena Fry, Biggart Baillie