In-house Lawyers Group Newsletter
(as at 8 August 2008)
The Signet Accreditation – recognising excellence in legal services
Now open to In house lawyers
The WS Society’s flagship initiative, The Signet Accreditation, continues to lead the way in accrediting legal services in Scotland and is now available for In house lawyers. Applications for the 2008 assessment programme are now open and I wanted to take this opportunity to tell you about this innovative scheme, which you may have read about in the latest Journal.
Uniquely, The Signet Accreditation places as much emphasis on a lawyer’s commerciality, communication and other skills important to clients as on their technical legal knowledge. It is therefore a way for lawyers to demonstrate their all-round abilities and genuinely recognises excellence in the provision of legal services.
Involvement in the scheme is an excellent opportunity for individuals to stand out from the crowd, and for legal teams to demonstrate a real commitment to delivery of exceptional standards of service.
Applications close on Friday 29 August, with the assessments taking place between 22 September and 3 October this year.
I attach a brochure which explains more about the scheme and its benefits. If you are interested in becoming an accredited solicitor and would like more information please contact Helen Bowman, The WS Society on hbowman@wssociety.co.uk or 0131 225 0654.
LEGAL PRIVILEGE - AKZO NOBEL APPEAL
We are aware that the Law Society of England & Wales is to intervene in the appeal and that the UK government will now do so too. In our discussions with the Brussels office, we were advised that as a fixed time slot is allocated for each appeal, the more participants there are the shorter time they each have to make their case. Amongst others, the following organisations are involved: IBA, ABA, CCBE, ECLA, CBI and LSEW.
We therefore agreed that it would be more effective for the one Law Society to make representations. We are members of the CCBE who are also participating in the appeal. All the issues we would wish to raise will be raised by them on our behalf.
The Inhouse Lawyers Group has produced Guidelines for members which are being circulated to members and incorporated into the Guide for Inhouse Lawyers. We are grateful to Michael Dean of Maclay Murray and Spens for his assistance in drafting these.
AGM/SYMPOSIUM AND DINNER 2008
21 NOVEMBER 2008, THE HUB, EDINBURGH
We are delighted that Jane Irvine, Chairman of the Scottish Legal Complaints Commission, will be giving The Keynote Address this year.
Symposium topics are:
~ Beating the Credit Crunch: Outsourcing - Yvonne Dunn, Pinsent Masons;
~ Key IP and Information Law Developments in 2008 - Grant Campbell, Brodies;
~ State Aid - Duncan Gillespie and Hazel Moffat, DLA Piper;
~ Procurement Disputes - avoiding pitfalls and resolving challenges - Colin Hutton
and Graeme Young, Dundas & Wilson.
Lord Hodge QC will be our After Dinner Speaker.
Further details will be circulated in due course.
As we were fully subscribed last year, you may like to enter the date in your diary now!
21 Century Bar Conference
Friday 5 December 2008
We are delighted that the Faculty of Advocates continues to support the Group so enthusiastically. The date for 2008 is Friday 5 December. You might like to put this in your diaries now. Further details will follow in due course.
SCOTTISH LEGAL COMPLAINTS COMMISSION
You will all have received notification of the fee which the Law Society is collecting on behalf of the Commission.
I am pleased to advise that the In House Lawyers Group's held detailed discussions with the Law Society of Scotland on the special position of in house lawyers in Scotland in respect of complaints ( or the lack of complaints) relating to service.
The Law Society's team persuaded the Scottish Legal Services Commission that in house lawyers should be subject to a much reduced fee of £102.00 being 1/3 of the actual current commission fee.
Our thanks go to the hard working staff at the Law Society for all their work on our behalf.
Best wishes,
Janet Hood.
You can see a summary of the Society's report here.
Articles for The Journal
You will have seen that since September 2006 the Group has had a regular page in The Journal. The Editor is keen to include items of special interest to, and contributed by, inhouse lawyers. The Committee supports this initiative and would encourage members to submit articles on topics of relevance inhouse, or to propose topics and/or authors. Please contact the Committee Secretary in the first instance with any ideas or contributions.
Canadian Bar Association - Nunavut Branch
In September last year, we were delighted to have a visit from Susan Hardy, President of the CBA - Nunavut Banch and Vice President of the Law Society of Nunavut. Nunavut was established as a Territory of Canada in 1999 and Susan has practiced as public sector counsel there since 1998, across a wide variety of issues and with an emphasis on legislative development and drafting. She describes her territory as "think Orkney, but populated by 85% Inuit ... and colder ... and further offshore."
During her visit to Scotland, apart from some research into her family tree, Susan met with our President, Richard Henderson, our own Office Bearers, Janet and Colin, as well as a few other inhouse lawyers. A report of her visit - "To and fro across the Atlantic" - is published in the newsletter of the National Public Sector Lawyers Forum magazine. It is a fascinating article.
Committee Visits to Members
Hearing the views of our members is a great way for us to develop the work of the Inhouse Lawyers Group, to seek your views on the services we currently provide and those we might develop for the future. You may wish to see the comments made by your colleagues last year. If you would like the to arrange an event or focus group in your area, please contact Tricia.
SCOTTISH PUBLIC LAW GROUP
Gordon Downie of Shepherd and Wedderburn has recently been discussing with Jane Munro, Advocate, and Professor Adam Tomkins of Glasgow University the possibility of establishing a Scottish Public Law Group.
The motivation in considering this possibility has been a shared desire to create a forum, within Scotland, for topical and informed debate on public law. He sees such a forum as providing a valuable opportunity for practising lawyers, legal academics and others (such as civil servants, regulators and judges) to exchange ideas and perspectives on public law matters as they affect Scotland. There is certainly no shortage of material to discuss, with the 10th birthdays of both the Human Rights Act and the Scotland Act almost upon us, the Scottish Government's "National Conversation" having recently kicked off and the increasing likelihood of the EU Reform Treaty becoming a reality.
Anyone who wishes further information should contact Gordon at gordon.downie@shepwedd.co.uk
EMPLOYMENT LAW FORUM
It has been suggested that, as larger organisations move towards bringing employment law work in-house, it might be of benefit to employment lawyers to set up a forum where they can share experience, discuss relevant industry experience, etc. If anyone would be interested in participating in an inhouse employment lawyers forum, please contact Tricia in the first instance.
A non Domino Dispositions and the Inhouse lawyer
Guidance Note on behalf of the Law Society Conveyancing and In-house lawyers Committees:
A question has been raised as to the competency and advisability of an in-house lawyer granting an a non domino Disposition in favour of his or her employer. It is understood that the practice of doing so is quite common in some Local Authorities where it has been seen as an extension of the former custom of Council solicitors executing Notices of Title in relation to Council property.
It is suggested however that it would better practice that the solicitor involved in the drafting of such Dispositions should not also act as granter.
Firstly, there is a risk that it might subsequently be argued that the Disposition falls foul of the criteria necessary to create a valid foundation writ for the purposes of prescription as set out in the case of The Board of Management of Aberdeen College v. Youngson and another, [2005 1 S.C. 335] i.e. that the subjects must be conveyed A to B and not A to A. This difficulty might arise particularly where the solicitor could be said to be executing the deed as an authorised officer on behalf of the Council rather than in an individual capacity. The underlying conveyancing theory requires there to be transfer or delivery by the donor to the donee. Even if signing in a personal capacity, as an employee of the Council, it might still be argued that the employee is acting under the Council’s instructions and should be regarded as being the Council for this purpose.
Secondly, the transfer must be made in good faith. The Keeper will now require appropriate enquiries to be carried out with a view to ensuring that no competing title is understood to exist. In theory however, there must always be a competing title even if that lies with the Crown or indeed the Queen’s and Lord’s Treasurer’s Remembrancer. Whilst actual knowledge of a competing title and non disclosure of relevant information to the Keeper would very likely constitute misconduct on the part of the solicitor, in some circumstances, the issue of whether there is a competing title may be a matter of judgement. In such difficult circumstances, there could well be advantage to the granter being distinct from the solicitor.
Finally, it must be doubtful as to whether it is the “duty” of an employee in terms of their contract of employment to be required to execute dispositions in such circumstances. In terms of good governance, actions of this nature lie more happily with elected members/office bearers rather than with employees.
For general guidance in relation to a non domino Dispositions, see also the article on the Registers of Scotland web-site at: http://
www.ros.gov.uk/foi/legal/text/ch36.htm
AN INSIDER'S VIEW - by Barry O'Meara
The role of the in-house lawyer is especially tricky, as the scope for conflicts of interests is greatly increased. Insights into successfully managing the In-house legal function offers you a wealth of experience and advice on all aspects of the role including:
The interface between in-house and out-of-house
Key aspects of managing an in-house legal department
How to choose the best team - not just for the task in hand but for an effective long-term relationship.
Barry O'Meara is a consultant at the leading City firm, Rowe & Maw. He has previously worked in the Legal Department of Imperial Chemical Industries Ltd. He has served on the Committee of the Law Society' of England & Wales' Commerce and Industry Group, and was Chairman in 1977. He was a founder member of the European Company Lawyers' Association, of which he was President for three years.
Save 10% off this publication - order here.
Further information: Maryanne.cook@thorogoodpublishing.co.uk
AGM, SYMPOSIUM AND DINNER
THE HUB, EDINBURGH
2 NOVEMBER 2007
This was even more successful than last year - 112 people attended the AGM and 270 the Dinner. For those who were unable to attend the AGM, you can access the Chairman's Report and the President's Address.
To see the photos, click here. Spot your friends and colleagues!
We are grateful to the following private practice firms for their generous sponsorship: Brodies LLP, DLA Piper, Pinsent Masons and Shepherd and Wedderburn. We would also like to thank BII Scotland, DataCert and Frasia Wright Associates for their support.
The following photos will give an idea of the event -
Symposium
Champagne Reception - The Hub
Health & Safety Lawyers Association
A Scottish Branch Office of the Health & Safety Lawyers Association has been set up. The aims and objectives are to promote the development of health and safety law; further research, educate and train its members and promote the expertise of its members in dealing with issues of health and safety law. The Association includes not only practitioners but also academic lawyers. Iain Miller of Glasgow City Council has been nominated as the inhouse lawyer representative on the HSLA Committee.
Further information about HSLA can be found on www.hsla.org.uk.
SPECIALIST ACCREDITATION
The Society has introduced the following new areas of specialisation which will be of interest to inhouse lawyers. Normally an applicant will have held a practising certificate for seven years and be able to demonstrate significant experience in the relevant area of practice during each of the five years preceding the application.
Discrimination Law
Public Procurement
Mental Health Law
Incapacity and Mental Disability Law
The guidance notes and application forms can be obtained from Sharon McFarlane at the Society.
USEFUL SOURCES
Frasia Wright Associates Newsletters
As you know, FWA have sponsored our calendar of events for a number of years now. They produce regular newsletters for both clients and candidates as well as a salary guide.
The Law Society of Scotland Directory of Expert Witnesses
This comprehensive and reliable source of expert witnesses in Scotland, England, Wales and Northern Ireland is published jointly by The Law Society and W. Green. All Expert Witnesses on this site have provided two professional references from practising solicitors or advocates who have instructed them within the last three years.
International Law Office
Since 1998 the International Law Office (ILO) has been the leading online Legal Newsletter service provider. They wish to offer ILG members the opportunity to register for these free email updates.
ILO provides instant updates on only the subjects you request. Each Newsletter is delivered via email once a week whenever there is a new update online. The countries covered are included in the subject line of the email, making it very easy and efficient for you to use.
In order to provide you with a first-class service, the Legal Newsletters are written by more than 500 of the world's leading lawyers from more than 90 jurisdictions. Over 23,000 corporate counsel and law firm partners have already registered for the Legal Newsletters service.
Informa Launches i-law.com
Informa law is pleased to announce the launch of i-law.com, a new, integrated online service aimed at the legal sector. I-law.com brings together Informa Law’s market-leading titles into one online service with niche practice areas. The publications are cross referenced so that customers can search through a product or subject easily and efficiently, enabling them to reduce significantly the time spent researching a case.
As well as speeding up the research process, i-law.com also offers subscribers the ability to view the latest issue of a product online, email information to colleagues, and track their recent searches. It is also possible to allocate a reference number to searches, enabling law firms to charge back to their clients the time spent undertaking research on this service.
Visit I-law.com for more information or to sign up for a trial of the service.
If you would like any more information please contact Tara Babrah. Informa Professional, 30-32 Mortimer Street, London W1W 7RE.
LexisNexis Butterworths has recently relaunched its online services to offer
in-house counsel access to the most authoritative and comprehensive legal
and regulatory resources from one single source. It is designed entirely to
meet your needs including the ability to customise the service, keep track
of where you have been and where you want to go and save searches/set up
email alerts.
For more details contact Jeremy Shayler, your Scottish-based account manager for a no-obligation onsite demonstration.
LINEX
Linex is the online legal information exchange working with hundreds of the major law firms and organisations in the UK and abroad to provide lawyers with unparalleled access to personalised legal updates, reviews and bulletins to keep them abreast of all the latest legal developments. Over 10,000 lawyers in the UK are now accessing information on a weekly basis via Linex.
For further information on subscriptions and special offers please visit the website or contact rebecca.gebhardt@linexlegal.com or tel 0870 446 0844.
Legal Technology Insider
This is a quarterly newsletter for European corporate legal department managers focused on the business of law and managing a law department. The newsletter is sponsored by DataCert, but published by Legal Technology Insider. The aim is to focus attention on best practices, trends, news and issues with an eye on the use of technology inside the legal department. The intent of the newsletter is not to delve too deply into issues, trends, news and ideas but to highlight in a quick, easy to read format some of the landscape of the European corporate legal market and the technologies available to serve the market. The newsletter is free. LTI and DataCert are keen to refine the focus and the copy, so if you have thoughts on topics to be covered or changes which could improve the newsletter please relay these to jeff.hodge@datacert.com.
The In-House Lawyer magazine is a monthly publication which provides news and features covering developments in the law which impact on in-house lawyers and form a substantial part of the editorial content. Practical guidance and expert opinion are the backbone of the magazine.
The European Lawyer is a monthly journal which, through its cross-jurisdictional reference series, conferences and debates, offers a strong academic platform for the analysis of issues affecting policy, regulation and the practice of law throughout the world’s largest single market.
The Polluter Pays
Alice Whittaker of Philip Lee Solicitors in Cork has provided us with a Briefing Note which she produced for our colleagues in Ireland. This will be of interest to us all, as it relates to criminal and civil enforcement of environmentally damaging illegal dumps. See side panel for a copy.
EU Mediation Atlas
The EU Mediation Atlas is an essential reference source for all practitioners
involved in mediation, alternative dispute resolution and litigation in the UK, Europe
and internationally. It will also be of great interest to government agencies and
academic institutions and to anyone concerned with the development of effective
dispute resolution practice. The book compares the different approaches to mediation across EU Member States from a practical perspective and aims to assist lawyers and governments in dealing with jurisdictional differences.
It has been written by Jayne Singer of CMS Cameron McKenna and edited by Tim
Hardy, partner at CMS Cameron McKenna, Graham Massie, director of CEDR and Karl Mackie, Chief Executive of CEDR. For further details contact Karl Mackie
