Speaking of change

President's message: the forthcoming Annual Conference and AGM of the Society both provide opportunities to keep abreast of the many changes facing the profession


The countdown to the Society’s Annual Conference is well under way. As President, I welcome the opportunity to meet so many members of the profession at a single event. The 2007 conference focuses on conveyancing, trusts, employment law and family law and, like so much else in the legal profession, these areas of law have undergone or are about to see considerable change. The wide-ranging sessions on offer will help to update practitioners on these subjects, and allow them to gain CPD hours in the process. For those still unaware, it takes place at the Edinburgh International Conference Centre on 2 March. I would urge anyone who wants to attend and has yet to sign up to do so.

A week later (9 March), the Society stages its Annual General Meeting at the Royal Museum of Scotland in Edinburgh. This will include comment on the Legal Profession and Legal Aid (Scotland) Act and also consider the Legal Services Bill which is currently in the House of Lords before progressing to the House of Commons.

Next steps

The Legal Profession and Legal Aid (Scotland) Act 2007 received Royal Assent on 19 January and a meeting took place the following week with the Deputy Justice Minister and her civil servants to discuss the implementation process. A number of initiatives are planned to explain the provisions of the Act and this process to the profession.

We are taking an active interest in the progress of the Legal Services Bill as, although it relates principally to England and Wales, the proposed alternative business structures may have cross-border effects for all firms. The Society is keen to ensure that attention is paid to the Scottish legal system and that research is carried out into the impact of the new structures. Although not currently addressed by the Scottish Parliament, it would be unwise not to recognise the impact of externally financed and non-lawyer owned firms entering the Scottish market place or competing with Scottish firms.

Education and training too

The Society’s extensive consultation on education and training is due to be debated at the AGM. The consultation closes in mid-February, as this edition of the Journal is published. However, it is worthwhile reflecting on what has been an instructive project. There has been a good level of response from a wide range of members of the profession and others. The input has been well informed and the time contributors have taken to share their views is much appreciated. An analysis of the responses will follow.

Another successful initiative is the Donald Dewar Memorial Debating Tournament which, yet again, has attracted a large number of schools from across the country. This year the competition commemorates the 300th anniversary of the union of the parliaments of Scotland and England, with motions and venues to reflect that theme. Earlier this month 62 teams competed in the stage 2 heats, with only 16 winners going through to the regional finals, which start in March. Last year’s teams set exceptionally high standards but the quality of debate so far suggests that we can expect another keenly contested tournament. Good luck to all those involved.

Calling London

I was very pleased to be asked to attend one of the largest organised Burns Suppers in the United Kingdom, by the Society of Scottish Lawyers in London.

London has, outwith Edinburgh and Glasgow, the largest concentration of Scottish solicitors, and a growing number of Scottish firms actively work in London or have offices there. As their numbers increase, so the Society will be looking to see how best to communicate with this group.

Current Issue Features

Braving the storm

How different types of legal firm are coping with the current economic downturn, and how they see their future

Civil justice: where next?

An abridged version of the keynote address delivered to the conference on civil justice held in Edinburgh on 20 June

Title Conditions Act: new registration procedures

New procedures are in place for deeds intended to create new real burdens, to assist solicitors in complying with the requirement for dual registration

Young lawyers reborn

Interview with Scottish Young Lawyers Association President Maryam Labaki on SYLA's ambitions as it relaunches

Shining some more light...

Second part of overview of this year's Finance Act looks at the provisions on savings, pensions, residence/domicile and business taxes, among others

Power to the tribunal?

An advocate's and a solicitor's views of how the Scottish Government's proposed reforms to arbitration law might work in practice

Piece by piece

A progress report from England & Wales on the setting up of the complex regulatory machinery under the Legal Services Act 2007

The poor in our midst

Interview with Scottish Solicitors' Benevolent Fund convener Craig Bennet, who aims to raise awareness of the Fund so it can provide more help to those in need


Current Issue Articles

Shifting sands

President's message: with economic issues dominating the profession's thoughts, the Society is taking steps to provide advice and support to those in need

A rank bad rule

Opinion by two advocates that the Faculty's response to the OFT does its members a disservice by defending the cab rank rule and by resisting the use of ABS

The Society's future role in complaints handling

A reminder, in the light of reactions to the first levy issued on behalf of the new Complaints Commission, of when and how the Society's responsibilities are changing

Appreciation: Lord Johnston

Report of the tribute paid in court by the Lord President

Professional Practice Committee

New guidelines on acting as a company director; and document control and file tracking

Facing the lean years

Some advice on how to pull through a recession and be ready for the next upturn, as word goes round of legal firms looking at staff cuts and other measures (part 1 of 2)

It's a web 2.0 world

The interactive nature of web 2.0 technology presents business opportunities, while posing new risks for those with inadequate precautions as to employee internet use

Questions, questions

In reviewing their risk profiles and risk controls, all firms might benefit from conducting a self-assessment by addressing questions put by some insurers elsewhere

Bare necessities

Latest criminal cases, including offensive weapons; Moorov rule; withdrawal of representation; evidence of a deceased; contempt of court by solicitor

Coming on the blind side

A technical-sounding consultation, currently open for comments, covers some significant aspects of dispute resolution in employment

Relocation, relocation

A recent decision explores the matters to consider when one parent wants to relocate abroad along with their child

Worse than the disease?

Has the UK quietly outlawed "alternative" medicine through the Consumer Protection from Unfair Trading Regulations?

Sleeping bounty

The Scottish Community Foundation has a scheme to breathe new life into dormant charitable trusts

Scottish Solicitors' Discipline Tribunal

Reports relating to Eileen Agnes Coogans; Zosia Marion Elizabeth Fraser; Annaline Webster; Ian Samuel Gerard Donnelly; Mark David Sheppard

Website reviews

Reviews of sites of organisations concerned with domain name disputes

Book reviews

Review of Child and Family Law (Sutherland)

Industry standard

A survey south of the border suggests that in-house work in commerce and industry doesn't always match expectations - but most in-house lawyers expect to stay

Meet the committee

Profile of In-house Lawyers Group committee member Sara Scott

What's in a motto?

A sample of In-house Lawyers Group members' notarial mottoes, collected by ILG secretary Tricia Sim

Leasing by example

"Green leases" appear to be some way off yet for the UK, but a Canadian model now published shows how they might work

Good call?

Reply to article questioning the Donald Trump planning application call-in argues that the decision is both competent and consistent with proper operation of the system

Home reports - the practice questions

Open letter over reservations as to the Society's proposed guidelines on the operation of home reports, in so far as they deal with conflict of interest