First female president for solicitor advocates
3 Mar 05
Article on election of Alayne Swanson as President of the Society of Solicitor Advocates and the current status of the Society
At the AGM of the Society of Solicitor Advocates held at the Signet Library, Edinburgh, in December 2004, the Society elected a new President, Alayne Swanson, and consequently a new Vice President (Civil), John MacKenzie. Murray Macara continues as the Vice President (Criminal). Paul Motion continues as secretary, and George Pollock as treasurer.
The Society has now been in existence for over 11 years. Alayne Swanson sees the next decade as being an important time for the Society to consolidate its position as a major player on the Scottish legal scene. “Whatever one’s view of solicitor advocates there is no doubt that we are here to stay”, she says. “There was some opposition to solicitor advocates in the very early days of our existence, but over the last decade we have proved that we are serious about providing quality advocacy to our clients and offering the market a real choice between representation by members of the Faculty of Advocates or by solicitor advocates.”
The new President views quality as the key to success. “Each of us must remember when appearing in the Supreme Courts and the House of Lords that we are not only representing our clients to the best of our ability, but also representing solicitor advocates in general. A poor, underprepared performance reflects badly on us all. We must ensure that we attain the highest standards in everything we do.”
New combined introductory course
Training is a major factor in the drive for quality. Alayne Swanson is committed to the development of solicitor advocacy in Scotland and thinks that a greater choice for clients in the way in which litigation is conducted must make sense. She is keen to see many more solicitors taking the qualification and then using their extended rights of audience in court. The Society has run separate introductory courses for would-be civil and criminal solicitor advocates over the past few years. These courses were very well attended and aimed to combine explanations of the application process and regulatory regime with tales and tips from practising solicitor advocates. The courses have traditionally each been held in September and January. From 2005, the courses will be held as a half day on the same date, most probably in May. This not only ties in more conveniently with the Law Society of Scotland’s application and examination timetable, but also offers the prospect of a highly entertaining lunch at which representatives of both arms of the profession, and the speakers, may meet to share their views and experiences.
Advanced Advocacy NITA course
The Society is justly proud of the pioneering work it has undertaken to forge an association with NITA, the American trial lawyers group. Following the hugely successful tripartite Advanced Advocacy Course in 2003, the Society has joined forces with solicitor advocates in Eire and Northern Ireland for another tripartite Advanced Advocacy Course running from 14-17 April 2005, to be held at the Melvin House Hotel, Edinburgh. The success of the NITA course is a tribute to the efforts and enthusiasm of the Society’s outgoing President, Frank Maguire who proved wrong all those who feared brash newfangled American techniques might not appeal to the understated Scots demeanour. A cornerstone of the NITA course entails videotaped advocacy tasks, performed in the presence of one’s peers, with the playback immediately dissected by the tutors. The NITA course has demonstrated that Scots lawyers are indeed willing to undergo trial by television, and to endure a degree of sleep deprivation for three days, in the interests of honing their advocacy skills. “The benefits of the intensive, interactive training which NITA provides cannot be underestimated”, says Alayne Swanson, who participated in the 2003 course and felt she gained enormous benefits in terms of both preparatory and adversarial techniques. “However, one of the very best learning experiences was that we were a mixed group of civil and criminal solicitor advocates. We learned so much from each other’s differing styles, and gained a much better understanding of the different skills and experience which the two groups bring to their court appearances.”
Developmental issues
Ensuring that the civil and criminal practitioners work together is a priority for the new President: “We have different concerns in the two groups. The issues for the criminal practitioners are currently focused around the proposed legal aid reforms. Murray and I will be working closely together on this issue to ensure that the views of the Society’s members are reflected.”
The Society is also in touch with SAHCA, its England & Wales counterpart (Solicitors Association of Higher Court Advocates) and reciprocal links may be found on each organisation’s website (www.solicitoradvocates.org; www.sahca.org). Currently there are around 180 solicitor advocates in Scotland and around 1,100 south of the border. The Society has also contributed to a number of formal consultations including the Justice 2 Committee’s deliberations and Scottish Executive consultations, such as that concerning the legal services market. Alayne Swanson sees the recognition of the Society as a fully-fledged member of the legal establishment, contributing its views to such exercises, as providing confirmation of the extent to which the Society has matured over the last 11 years. “It is very important that the Society is recognised as the group representing the opinions of solicitor advocates,” she says. “I am keen to liaise closely with the Law Society of Scotland in relation to these issues. We are perhaps a specialist sub-set of the Society but it is important that we consult with them closely. I am keen to work side by side with the Law Society to address any issues which arise where solicitor advocates are not treated in exactly the same way as members of the Faculty of Advocates.
“We have proved by the quality of our advocacy and the seriousness of our approach to consultation that there is no reason for any distinction to be made and I will be active in addressing any issues which arise.”