Faculties of Scottish solicitors
Linking effectively with local faculties of solicitors is key to
ensuring that the Society, your Council members and office
bearers within the Society listen to members' views, give
information to the profession about the Society's work and do the
best possible job of representing members' interests.
This section of the website provides a fixed point of reference
for all faculties and a source of updated information about
matters of interest, including free or low cost CPD available from
the Society via the Faculty network.
Keeping in Touch: Changes to faculty office bearers
Please pass on details of any changes to Laura
Malcolm at the Society so that our records can be kept up to
date.
News and Current Issues:
Forthcoming Talks and Presentations
Please contact your Faculty Secretary direct to book your place
at any of the faculty talks. Contact details for all Faculty
Deans and Secretaries are maintained by the Society. Please
contact Laura Malcolm if you require
assistance to get in touch with your own faculty. All of the
presentations below are verifiable and could be appropriate for
personal CPD.
Saturday 27 April
The Annual Faculties Conference 2013
Slides from the Conference are available to view
and download from the related link.
The Annual Faculties Conference was held in the
Station Hotel
Perth. 9.30am - 5pm Saturday 27 April.
The annual opportunity to network with other Faculty
colleagues, enjoy individual discussion groups and plenary
sessions with key note figures was attended by 20 faculty
representatives from across Scotland.
Briefing notes of the content of the day will
be made available to participants to facilitate reporting back to
members on the issues addressed.Please ask your faculty
representative for details.
The event was supported by Wesleyan for
Lawyers who offered a 5 minute introduction to their
services and hosted a prize draw for which the prize was a
luxury hamper of wine.
7 May 2013 Royal Faculty of Procurators,
Glasgow - Richard Farquhar solicitor, Financial
Compliance Team at the Society will present on AML
and related issues. For details of the content, see below.
5 June 2013 Royal Faculty of Procurators
Glasgow - Laura Malcolm and a speaker from the Complaints
Investigation Team at the Society speak on How to
Avoid and Manage Complaints and discuss new case studies
of decided UPC conduct complaints.
Download the programme of faculty
talks for 2013.
Anti-money laundering seminar: synopsis.
Topics to be covered include:
- Use of Financial Action Task Force Statements,
- Joint Money Laundering Steering Group Guidance,
- Identification of Politically Exposed Persons and other
risks
- Enhanced due diligence (reliance and source of wealth)
- Circumstances in which it is appropriate to submit a Suspicious
Activity Report
- A review of some useful case-law
If you have not already registered to attend, please
contact your CPD Secretary for fruther information.
An index of the talks provided to Faculties by the
Society, 2011- 2012
As part of the Society's Corporate Plan 2012-2013
and to meet its objective to be the professional body and regulator
of choice, the Society is committed to delivering a comprehensive
and relevant programme of support and engagement that is tailored
to the needs of different sectors within the profession; aiming to
deliver understanding and use of our services measured through
the annual member survey.
A wide range of over
fifty talks and presentations was delivered to the
profession across many faculties during 2011-2012. A list of the
talks delivered over the year may be seen in the related
file.
Airdrie Faculty took the initiative and
requested a series of eight varied talks
from the Society's programme of Faculty talks, which were delivered
monthly from May. Colin Dunipace, Council Member
for Airdrie commented,
"...I believe that this has been a very worthwhile exercise.
It has been encouraging to see the number of practitioners who have
attended those events which have been relevant to their practices,
and there really has been something for everyone in the programme
offered.
I have been approached on a number of occasions to
request that if possible that there might be a similar programme
next year. This is certainly something that I would be keen to
promote.
This is the first time that our Faculty has undertaken such
a programme of events, and I would certainly commend the Society's
events to any Faculty considering such a step. I certainly hope
that we can build upon the success of this year's programme in the
future."
The full list of talks delivered to Airdrie and feedback can be
viewed via the related link.
Change to Power of Attorney
registration requirements
25th March 2013
Substitute Attorneys - update from the Public
Guardian
The OPG has now received further, clarifying advice
referred to in recent communications in regard to the position of
substitute attorneys. The result of that advice is such that
the Office of the Public Guardian (OPG) has retracted the original
policy decision intimated on 12 February which required
evidence of a substitute attorney's preparedness to act at the
point of initial registration.
In summary, the status quo remains in that only
principal attorneys have to confirm their preparedness to act at
the point of initial registration. As is now, where there is
a substitute attorney, OPG will seek such confirmation of
preparedness to act only where the principal attorney
fails.
Changes of fees due to the Public
Guardian
Schedule 2 of the amended Table of Fees payable to the Public
Guardian, will be effective from 1 April 2013.
While most fees have been increased in line with inflation, there
are significant good news stories as many of the guardianship fees
will see a net reduction. It is recommended that frequent users of
OPG services familiarise themselves with the fees that have altered
to avoid overpaying.
The Scottish Forum of the Legal Sector Alliance meets
alternately in Glasgow and Edinburgh. The Alliance includes
legal firms which aim to reduce their carbon footprint and to
develop sustainable environmental practices.
Join the Alliance and find out what the obligations on
business are and what the legal profession can do to put our
own house in order and keep clients informed.
At the last meeting, Alan Simpson of HBJ
Gateley spoke about the many opportunities for
the profession in relation to renewable energy work. Jill
Fenton from the Energy Saving
Trust spoke to raise awareness of the free resources
available to all businesses large and small as well as to
individuals who wish to save money and resources and to lower
their carbon footprint. Details of the types of support available
and the number to call to apply for a free energy saving review are
available here.
The Wise Group operates
the Energy Saving Scotland advice centre, Strathclyde and Central
on behalf of the Energy Saving Trust giving impartial, accurate and
independent advice to householders, communities and businesses on
ways to reduce carbon emissions, how to use water more sustainably
and how to save money on energy bills.
In today's competitive business world and restricted funding
environment, and in the context of soaring energy prices,
successful organisations are those making efficient use of energy
and resources - driving their costs down.
Easy, low-cost actions are often all that is required for an
organisation to save money, improve efficiency and competitive
position, and help the environment. In addition to providing free
and impartial advice, The Wise Group can
help businesses to take advantage of government funded schemes, tax
incentives and interest-free loans to help finance
improvements.
Other Business Support
Details of two new free opportunities from Scottish Business in
the Community, applicable to all practitioners, are highlighted on
the Society's
webpage for sole practitioners but the opportunities
are open to all businesses.
Have your business's carbon footprint assessed at no cost.
Contact details are available by scrolling
down.
Three Funding Opportunities
First: There is currently a fund available from Skills
Development Scotland for firms with fewer than 100 employees to
recover some of their training costs. Funding is available for up
to 10 employees per business and the money is not a loan. Skills
Development Scotland will refund up to 50% of each episode up to a
maximum of £500 for each employee.
The Society has specifically asked SDS whether or not this can
count for CPD. They have assured us that it can, although we would
urge all members to double-check their own circumstances with
Skills Development Scotland.
Second and Third: Funds are available from two
new funds to support new graduate roles (including traineeships)
for firms in Glasgow and Renfrewshire
The first is the Commonwealth Graduate
Fund This is a new Glasgow City Council initiative to encourage
employers to create new graduate level jobs in and around the city.
It targets recruitment of unemployed graduates by offering
financial incentives to employers to take on new workers.
To qualify, jobs must:
- Be additional
- Be permanent
- Have basic hours
- Be at a graduate level
As far as the Society is aware this fund covers traineeships and up
to £10,000 can be claimed towards a new role.
The second fund is a new fund in
Renfrewshire which, again, offers some opportunities to firms
in that area.
Other Faculty/Association websites:
Many groups find that a simple website offers an efficient and
flexible method of spreading information to existing members and
attracting new members. The Society recommends this approach and
the faculties which do have websites or Facebook pages are listed
below. If your faculty has a site or a Facebook page which is not
listed, please contact Laura Malcolm and we will add it in so
that others can find you.
The Aberdeen Bar
Association
The Society of
Advocates in Aberdeen
The Faculty of
Solicitors of Dunbartonshire
The Glasgow Bar
Association
Royal Faculty of
Procurators in Glasgow
Scottish Law Agents
Society
The SSC Society
The WS Society
The Society of
Scottish Lawyers in London
Charitable Initiatives in the spotlight
Love the arts, leave to the arts
Scotland's vibrant cultural life touches and inspires
communities across the country and most arts organisations are
charities increasingly reliant on income from private sources to
safeguard future development. Love the arts, leave to the
arts is a new initiative from Arts & Business
Scotland, which aims to encourage art lovers to leave a legacy
to cultural charities.
During the month of February 2013, arts supporters have
had the opportunity to have a basic will professionally
written, or amended, free of charge by participating solicitors if
they leave a legacy to Love the arts, leave to the arts
charity. Firms and individual practitioners who are interested in
participating then should get in touch with the organiser now to register their
interest in receiving a full information pack.
Social Groups
Solicitors' Choir: A group of keen
singers, from a variety of Edinburgh firms, has set up a
Solicitors' Choir. This is a great opportunity to share a love
of singing whilst also raising money for charity by holding regular
concerts.
The choir meets once a week in central Edinburgh and sings a
varied repertoire for mixed voice. There are no auditions,
although there will be solo opportunities for more seasoned
singers.
If you are interested in sponsoring, or have some experience of
choral conducting or would just like to put your name down as
a singer please contact edinburghsolicitorschoir@gmail.com,
and watch this space for details of concerts.
Fishing Club
An Invitation is extended to any keen anglers interested
in forming an Angling Club. Interest is initially invited from
fly fishermen or women but depending on interest other forms of
angling can be included in the enterprise.
The intention is to organise a modest number (say, 3 or 4)
outings over a season and to invite some of our colleagues
from other jurisdictions or disciplines for friendly competition
from time to time. In this way members can have the
opportunity to fish waters they might not otherwise have access to
or even know about. There is no requirement to have access to any
particular fishings - outings can be organised to suit numbers and
geographical constraints as required.
Any members interested in getting
involved should contact Nick Taylor of Leslie Woolfson & co,
Glasgow. Once interested parties have been identified, an end
of season outing will be proposed at which agreement can be reached
on a programme for the following year.
If you have access to fishing that may be suitable for group
outings of whatever size, please confirm when expressing your
interest. This will greatly assist planning for future
outings.
Public
Guardian keen to know about difficulties with Aviva Bond of
Caution
At a recent Faculty meeting members advised the Public
Guaradian that Aviva Insurance Limited will only grant a bond
of caution above £500k in an Adult with Incapacity case where a
solicitor or other professional is involved. OPG had
been aware that this was generally the policy with other
Insurers but specifically did not believe this to be the case with
Aviva - certainly not where the bond was sought via Marsh Ltd under
the arrangement that the Public Guardian has agreed with Marsh.
OPG have now checked this position and can confirm that the
Marsh scheme routinely allows caution up to £1m for suitable lay
guardians acting without the support of a solicitor, subject only
to a credit check and a little extra information where the proposed
bond exceeds £500k.
In addition Marsh are able to present requests and, in some
cases, obtain higher amounts of caution in appropriate
circumstances. If members continue to sense difficulty with
Aviva, OPG would be keen to know; please email opg@scotcourts.gov.uk with
details so case specific enquiries can be made.
The Public Guardian reminds members that caution should be
obtained expeditiously, a full certificate is issued as soon as the
OPG is notified that caution is in place, until that point a
guardian can only act in a restricted capacity therefore the adult
is vulnerable until caution is found. Caution can be obtained
within days of application but it appears from OPG records
that some practitioners do not apply until several months after
appointment.
Pastoral support for members
Law Society of Scotland's pastoral care
helpline from 7 January 2013: 0131 476 8111 Open weekdays
from 9.00am - 5.00pm From this hub we can put you in touch with the
right person within the Society to help with your problem.
The Society supports Lawcare, an independent
charity providing practical help and support to legal practitioners
suffering stress and ill health. There are other charitable bodies
which can provide additional support including the
Scottish Solicitors Benevolent fund the Tod Foundation, which
is jointly administered by SLAS and the Society, and the
Pritchard Educational Trust which is also administered by the
Society.
Trustees of the Benevolent Fund and the Tod Foundation are in
posession of funds designed to be used to alleviate suffering and
to assist in practical ways when members encounter difficulties.
They welcome applications for assistance which are always received
and considered in the utmost confidence. If you have any
queries please contact Laura Malcolm for further information.
Trainees and newly qualified solicitors
It is difficult for trainees to find placements at present and
there are many flexible ways for firms which may be considering
taking a trainee to do so. For example, trainees can be 'shared'
between firms should there be insufficient work to justify offering
a conventional two-year placement. Any firm which wishes to explore
the options should contact Katie Wood at the
Society who will be happy to discuss the possibilities.
Faculties that would like to increase the number of younger
members, and trainees and NQs who would like further
details of the continuing and varied support offered by
the Society, should contact Heather McKendrick.