Up for the challenge
by Richard HendersonPresident's message: the changing role of the Society is reflected in the issues that dominate the scene this month, beginning with the imminent AGM
Quality assurance
The debate and decision on alternative business structures will be a key part of the Annual General Meeting on 22 May. Much has been said on the options for reforming legal services, and many of these views are reflected in the responses to the consultation and in the policy paper which was published at the end of April. Now members of the profession have another opportunity to contribute directly to the discussion, and I would urge all those with an interest to come to the AGM and make their views known. The importance of this debate for legal services, today and in the future, should not be underestimated.
The Society’s focus has been to ensure that the quality of legal services, and the integrity of the solicitors’ profession, are maintained regardless of the course of action taken. The profession has risen to the government’s challenge to determine how legal services should be delivered in Scotland and in so doing determine our future as a profession.
Standards unveiled
The delivery of clearer standards for the profession is another area where the Society is making progress. The focus has been on simplifying the existing standards rather than setting new ones. A reference group of non-lawyers continues to help the Society draft standards that are clear for clients as well as solicitors. The standards project has now reached the public consultation stage and I hope it will generate substantial feedback.
Future present
In considering both ABSs and standards, the Society is keen to scan the legal horizon and develop policy that will meet the needs of solicitors and their clients well into the 21st century. We hope to develop that forward thinking further at the Society’s conference, the day after the AGM. The theme of the event is “The Legal Profession in Five Years’ Time”. With the prominent legal commentator, Richard Susskind, and the Cabinet Secretary for Justice, Kenny MacAskill as speakers, the debate on our future will continue and should be lively.Paralegals on board
Paralegals already make a vital contribution to the provision of high quality legal services. Recognising their professionalism and creating a formal system of regulation has been under discussion for some time. The agreement to forge ahead with the introduction of a new “Law Society of Scotland Registered Paralegal” status is therefore a welcome step forward.
The principle behind this move was backed unanimously at last month’s Scottish Paralegal Association AGM and subsequently also endorsed by the Society. Work on the detailed arrangements will now begin, but I am sure that the introduction of a badge of quality will benefit paralegals, solicitors and clients. It is also another example of the changing role of the Society.
Beyond our shores
I was reminded that profound change is taking place in many places beyond our borders and shores at the annual conferences of the law societies of Ireland and Northern Ireland, in Budapest and Berlin respectively. Both were important events which gave delegates an opportunity to consider a range of key issues, with the Budapest conference including an interesting contribution from John Bruton, the former Taoiseach and current EU Ambassador to Washington. He spoke of next month’s Irish referendum on the Lisbon Treaty and the important implications of that vote on the rest of the EU. There is a great responsibility on voters because the treaty cannot come into force if it is not ratified by the referendum. But it is a responsibility that must be confronted.
The decision of the Irish electorate on the treaty is of an altogether different magnitude to the issues facing the Society and the profession. However, we share the certainty that our actions will impact on many others beside ourselves. It is one of many reasons why we must consider carefully the choices that we make.
Current Issue FeaturesOn the scentInterview with Jane Irvine, Chair of the Scottish Legal Complaints Commission, on how the new body will operate and keep itself informed on legal practice Learning to live togetherA look at relations between the Law Society of England & Wales and its split-off bodies now dealing with professional regulation and complaints against solicitors Learning to live apartParenting classes for the newly separated, now common in the USA, are about to be trialled in Scotland, following a visit by Texan divorce coach Christina McGhee ARTL: one lender's viewMaking ARTL work; sites of special scientific interest; form 4 procedure Games without frontiersThe legal framework governing broadcasting rights for major sporting events, the prospects for change and the competing interests at stake Speaking up for childrenThe joint report by the four UK Children's Commissioners to the UN Committee on the Rights of the Child provides a reality check for government and should dispel complacency Poor relations?Family businesses are feeling hard done by when it comes to finding professional advice that fully understands their needs, and are organising to press for action on training Justice for sale?Paper to a conference on delivering excellence in Scotland's civil justice system challenges the treatment of justice as a "commodity" Shining light into the darknessFirst of two articles on the Budget and Finance Bill explains the important changes in income tax, inheritance tax and capital gains tax Current Issue ArticlesCrunch timePresident's message: the Society is pressing for government action to mitigate the effects of the economic slowdown where it particularly hits solicitors' firms Home reports: oh no they won'tDefence of the author's views on home reports following previous replies Recoverable proceedsComment on part of the article "Dirty Money?", June 2008, p18 on recovering proceeds of crime Justice divertedOpinion that continued experience of summary justice diversion tends to contradict assertions that it is simply an efficient alternative to prosecution leading to a fine Legal aid review gets down to workSociety's letter to criminal practitioners on its work with the Scottish Government and others to monitor implementation of the summary legal aid changes CPD for new lawyersHow the Society is developing CPD training specifically for the needs of recently qualified solicitors Professional Practice CommitteeText of guideline on settlement by cheque, loan redemption and remit of the free proceeds of sale 2008 Time to sell up?Second and final part of the author's acocunt of lessons learnt from selling his legal practice: best strategies in concluding a sale, and how to prepare for what comes after Beyond chip and PINReport on a project which aims to guarantee the security of electronic signatures such as used in the ARTL system, for use in any legal transaction concluded over the internet Lender claimsWith a downturn in the property market increasing the risk of claims from lenders for losses suffered through mortgage default, the article examines how to minimise this The price of justiceLatest civil cases, including inordinate delay; third party notice; new defender; and three decisions on aspects of expenses Transition talesAnomalies and inconsistencies in practice under the new licensing regime would be greatly added to if some of the latest government proposals come to pass Falling between stoolsCourt rules place unnecessary obstacles in the way of separating cohabitants who wish to make a counter application for financial provision The Environment v XRegulations are pending that will introduce new duties to avoid, or remedy, damage to the environment - and it can sue More equal than others?Two English cases appear to settle the question of which creditors are entitled to share under the new "prescribed part" provisions Points to proveThe next phase of the points-based immigration system will come into force shortly, with the rules applying to skilled workers with a job offer Website reviewsReviews of sites covering news of matters relating to Scots law and lawyers Book reviewsReviews of Gloag & Henderson (12th ed); Evidence (Davidson) Whose star will shine?In-house lawyers have the chance to see their unique talents recognised through the latest expansion of The Signet Accreditation Taken for grantedThe Society has issued advice to in-house lawyers over the granting of a non domino dispositions in favour of their employers An A to G of EPCsWith energy performance certificates about to arrive across the property market, the author explains what they require, and some issues they raise particularly in letting |