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The Journal
Every article from your latest print edition of The Journal
September 2008
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At your service
President's message: In an eventful month the Council and Society have been making every effort to improve services for members and the environment in which they work
ARTL and secure signatures
Letter in response to an IT article seeks to reassure users of ARTL of the system's integrity and security
Sending a unified message
Opinion that the Special General Meeting requisitioned by the Glasgow Bar Association had a positive outcome in reaching an agreed position after airing views
Facing the squeeze
Survey of the main legal recruitment consultancies to find out the state of the legal jobs market - with some advice on practising rights for those not in work just now
Room for doubt
Author's view that the trend among disciplinary bodies to move to a "flexible" civil standard of proof should be resisted, especially given a recent House of Lords decision
Dealing with our older casework
Registers of Scotland are training more skilled staff to handle the increase in complex applications for first registration
Regime change
What will change, and what will not, as the Child Maintenance and Enforcement Commission takes over from the Child Support Agency
Risky business
Interview with convener and chief executive of the Risk Management Authority, which is building a reputation for expertise in the management of serious offenders
Drink problems
Some of the difficulties practitioners are finding thrown up in the way of applications under the new licensing law
Council agrees budget to freeze PC fee
The Society's Council has agreed a budget that means the practising certificate fee for 2008-09 can be held at last year's level
Consumer credit licence changes
New licensing requirements under the Consumer Credit Act 2006 come into force on 1 October
RFPG's online trainee service
The Royal Faculty of Procurators in Glasgow is to provide a new service to help trainees find placements in law firms, and firms to find trainees
Solicitors targeted again in email scams
A Scottish solicitors' firm has had its identity used in a new variant of a familiar type of email fraud attempt
Adult incapacity: new caution scheme agreed
The Public Guardian has negotiated the provision of an alternative cautionary service which should reduce cost, delay and complexity
Appreciation: Sandy McIlwain
Obituary of Alexander Edward (Sandy) McIlwain, CBE, MA, LLB, WS, former President of the Law Society of Scotland
Stair Memorial marks its 21st
Article on The Laws of Scotland: Stair Memorial Encyclopaedia, to mark the 21st anniversary of publication of the first volume
"Gateway" opens its doors
As the Scottish Legal Complaints Commission goes live, the Society's continuing investigatory processes are changing in line with it
Facing the lean years
Concluding part of survey of strategies to beat the recession reviews possible sources of new business, whether to consider new types of work, and things to avoid
On the road again
A review of some of the topics discussed at this year's Risk Management Roadshow
E-legal @ Nothing but the Net
Preview of this year's Law Society of Scotland IT conference, which includes a keynote address by the "James Bond" of security advisers
IT - ever onwards
A look at the next big IT projects facing Scotish legal practices, including those that add to a firm's green credentials as well as helping it work efficiently
Testing competency
Latest civil cases, including rule 22 notes; sist pending other proceedings; counterclaim; amendment; debates; family actions; expenses; adult incapacity
A Wise decision
A recent Scottish cse illustrates the potential value of interim interdict in intelletual property cases
Name calling
A new body, the Company Names Tribunal, is about to take up its function of adjudicating on opportunistic company name registrations
Diverse guidance
Two cases help to clarify the 2003 Act provisions on diversification by the tenant
Tackling the sporting bodies
The Scots and English courts still take different approaches to the availability of judicial review for decisions of sporting bodies
Keeping it legal
Any employer taking on an immigrant worker needs to know the new procedures in order to avoid the risk of a civil penalty for employing someone illegally
Scottish Solicitors' Discipline Tribunal
Reports relating to Ajaz Mohammed Hussain; John Gerard O'Donnell
Website reviews
Reviews of Scottish Young Lawyers Association and Cl@n Child Law sites
Book reviews
Review of The Promised Land: Property Law Reform (ed Rennie)
Charging the death offences
The approach COPFS will take to prosecuting the new offences focusing on fatal consequences of driving
Another hoop to jump
An important change to the CML Lenders' Handbook will add to the procedures required before concluding missives on a new-build house, on the Society's advice
An idea whose time has gone
The 20-year rule concerning leases of, and securities over, private houses is having unintended adverse effects on the funding and provision of housing
Society launches home report solution
The Law Society of Scotland has teamed up with a home report provider to launch a home report service designed specially for solicitors' firms
Order confirms surveyor's liability
A ministerial order confirms the surveyor's liability to the buyer where a defective home report leads to material loss
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