Members will decide

President's message: the Society's members must have the final say in the policy for the future of the profession and in proposed standards of conduct and service


Over to the floor

By the time you read this, the consultation period for the discussion paper on alternative business structures will have come to an end. The Council will now analyse the responses before discussing and agreeing its view on the best way forward for solicitors and their businesses.

During the consultation process, we have been developing thinking within a working group whose members are from a cross section of the profession. The task of that group is to identify options on which the Council might base a white paper to the profession, indicating the preferred way forward. In formulating those options, the group will test their provisional views against the consultation responses. The white paper will also be the subject of a debate at the annual general meeting on 22 May.

It is vital that members of the Society play a central role in our policy development process. That is why we produced the consultation document, and why the final decision must rest with the profession at AGM.

The same principles apply to the preparation of a new statement of the standards of conduct and service that we believe should govern Scotland’s solicitor profession. These standards will also be used in the future by the new Scottish Legal Complaints Commission. Again, Council will put forward a preferred policy option to the members, allowing them to form and give their views before the matter goes to the special general meeting of the profession in the autumn.

New relations

In January, the new Commission became a reality. There is a plethora of issues to be resolved before the Commission actually opens its doors in the autumn. I am confident that we can develop a working relationship that allows mutual respect for our different functions and for obligations to be maintained.

Council summit

Both ABS and standards are, as you may possibly be tired of being told, important issues that have arisen during a time of considerable change. But when I talk of the members of the Society being involved through consultation and otherwise, I am also touching on a separate and equally important issue that will almost certainly develop further in 2008.

The Society embarked on an exercise in April last year designed to improve its approach to strategy and governance; governance of course covers the way in which we make policy, fulfil our duties, keep within our mandate and run as an organisation. The way we involve and consult our members is naturally under consideration. Our purpose is to safeguard the democracy of the Society and ensure that it is fit to meet the challenges and demands we face now and in the future.

Council will look specifically at these issues at a meeting at the end of February. At that meeting Council will consider, discuss and progress the work of the strategy and governance groups. One of the meeting’s aims is to agree the best possible way for the Society to engage and communicate with the profession.

Track record

Fortunately, in approaching these issues we can look at a profession and a Society that has a successful track record and great strengths.

The current success of the Society is in large part because of the considerable contribution that Douglas Mill has brought to bear over the past 11 years. Last month he announced that he would be leaving the Society in the autumn. Even though it will be some months before he departs to take up new challenges, it is important that I put on record the immense debt of gratitude owed to him by the profession for all the hard work he has done on their behalf.

LAW SOCIETY - EMPLOYMENT LAW LAW SOCIETY - HOME REPORTS

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