Pressing ahead

President's message: the Society commits to working with the Executive this year on the new complaints system, as it already is on legal aid and house purchasers' packs

The Journal, January 2006, page 7

What does the new year hold for the Society?

All areas of legal aid will be under review in 2006 by the Society as we continue to press for better access to justice and to ensure fair remuneration for solicitors. As the Society explained in a letter to the profession last month, we are negotiating with the Scottish Executive over block fees for criminal solemn work. As the letter explained, the Scottish Legal Aid Board has acknowledged that it will take longer than anticipated – possibly until April 2007 – for it to carry out a proper modelling exercise on which to set block fees. In light of this, the Society is pressing the Executive for an immediate interim increase and we will keep the profession informed of progress.

The Society is still very involved in working with the Executive on single surveys and the content of the purchasers’ information pack. The Law Reform Department and supporting committees will continue to scrutinise the increasing volume of legislation emanating from the Scottish Parliament, Westminster and Europe. All of these are areas in which the Society’s dual role in representing the profession and also the public in relation to the profession is a community of interest.

Regulation, regulation, regulation

This community of interest exists also in regulation of the profession and complaints handling. As I look back over my Journal columns for the last few months I see that regulation and complaints have dominated all of these. This is an accurate reflection of the amount of time and effort put into this by the Society, both in dealing with ongoing complaints and in responding to the Executive’s consultation in relation to any new system. You will be aware that in November the Society called on the Executive to set up an independent body dealing with service complaints only. The Executive has now announced its decision which is broadly in line with the Society’s position. There is to be a Scottish Legal Complaints Commission and this body will receive all complaints against legal practitioners. The body will handle service complaints whilst complaints about conduct of solicitors will be passed to the Society. The new body will also take over the functions of the Scottish Legal Services Ombudsman.

The Society is committed to working with the Executive to produce the best system for handling complaints in the interests of the public and the profession in Scotland.  We have been keen to stress to the Executive the need for the independence of the profession to be retained. We also want to ensure that the cost of the new body will be as fair as possible. In particular we have made it plain to the Executive that there are business implications for solicitors and access to justice issues particularly for small and rural firms. I was pleased to note that the Executive has recognised that frivolous and vexatious complaints are made to the Society and that the new body will be able to sift out these complaints. 

Above all, in 2006 I am keen that the Society works with the Executive to ensure that “Scottish solutions are found for Scottish problems”. 

January will see the arrival of four non-solicitor Council “observers” for the first time. It is difficult to imagine that 10 or 15 years ago Council would have agreed readily that non-solicitor input to its deliberations would be helpful and constructive. Times have changed and there is not only a willingness to hear the views of non-solicitors on Council but a positive desire to have those views expressed. The legislation does not permit the Society to allow the four non-solicitors to become Council members straight away, but we are seeking a change in the primary legislation that will allow the constitution to be amended. There were many excellent applications for the position of non-solicitor Council members and perhaps this serves as a reminder that the solicitors’ profession is, in fact, held in very high esteem by many people.

I wish a very happy new year to you all. If you are anything like me, however, the new year’s resolutions will be long ignored and forgotten by the time you read this. The Presidential waist suffers over Christmas at the best of times (increased alcohol units needed to suffer extreme stress of being cheerful the whole time). 

Here’s to 2006!