the magazine : Apr 2008
Summaries of articles from this issue are shown below. Click on the title to read an article. If cover image is displayed, click it to view page layout and graphics. To search back issues, select “library”.
FeaturesBig leap forwardThe Society's Vice President sets out the background against which the proposals for new business structures have been drawn up, and why it is time to push for change Independence: still viable?Yes-no debate on the question "Can we preserve professional independence in a legal business not owned by solicitors?" FAIs: a new lease of lifeThe review of fatal accident inquiries to be undertaken by Lord Cullen is an opportunity to address various concerns recently expressed in relation to the conduct of inquiries ARTL: Turquoise is in the pinkUpdate from Registers of Scotland on the final testing of the automated transfer of title system, and a consultation on information fees and services Summary trials: deciding the factsSecond of three articles examines factors affecting the reliability of witnesses' testimony Life at the sharp endInterview with Dorothy Lowe, President of the Society of Messengers at Arms and Sheriff Officers, on their aims now that their members are to keep their current status Conscience and public serviceAuthor argues that where public duties are involved, there should be no place for invoking rights of conscience at the expense of those in civil partnerships Wills and waysThe arguments for and against a compulsory register of wills, an idea which continues to be discussed in official circles |
 
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Articles
Thinking ahead
President's message: decision time is on us for taking forward the plans for new forms of legal practice - but firms face other issues that also call for forward planning
A line too often crossed
Opinion that defence questioning of complainers in sexual assault cases designed to appeal to prejudices about women's behaviour should not be allowed
CPD: the way forward
Leader of the Continuing Competence, Professional Development project explains the themes behind the pending reforms to CPD
Life on the edge
Another contribution on the theme of the survival of small firms recounts how one practice in Kirkwall has a brighter future through investing in its people
Pre-action protocol for industrial disease claims
The terms of a new voluntary pre-action protocol, covering industrial disease claims intimated on or after 1 June 2008
Fit a doin'?
Introduction to the challenging world of the mobile phone forensic analyst, from one who provides digital media analysis to defence lawyers
Same difference
Review of recent commentaries on risk management in Australia, Canada and England finds strong similarities with the live and emerging risk issues in Scotland
Curiosity corner
Latest criminal cases, including breach of the peace; proof in mitigation; defective representation; devolution issues; fair trial; extension of time limits
System? What system?
Difficulties with the new regulations and forms are causing as much variation in licensing board practice as ever - and the fees are hurting the small operator
Reviewing appeals
The new planning appeals system currently in draft regulation form will increase the importance of applicants seeking early advice
Testing insolvency
Discussion of the Cheyne Finance decision in England on when a company is to be treated as unable to pay its debts, which may have served only to muddy the waters
Scottish Solicitors' Discipline Tribunal
Reports of cases relating to William Michael Lewis; Alistair George Kay; Alexander Ritchie Robertson; Richard Allan Sandeman; Malcolm Cameron
Website reviews
More websites from the relaunched Faculty of Advocates stables
Book reviews
Reviews of Employment Law: An Introduction (Craig and Walker); The Strange Affair of Madeleine Smith (MacGowan)
Day of creation
Why we should all support World Intellectual Property Day and promote respect for intellectual property
Lawyer behind the camera
A fly-on-the-wall account of legalling reality TV
Homing in on home reports
Author believes that home reports as currently proposed will not benefit purchasers or sellers, and reports on his reservations and his recent contacts with government
From the Library>
The name game: rebranding legal firms
"Every firm's name is its brand ... It may be that more should be aiming to be punchier and more easily remembered even where a generic type brand is not possible or appropriate."