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  1. Home
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  4. Issues
  5. December 2000
  6. President's report

President's report

President's message reviews the year ending and looks forward to 2001
1st December 2000 | Alastair Thornton
So we have reached the end of the Millennium year – or for the more pedantic among us, the pre-millennium year, and I am half way through my term of office. The months have absolutely flown past but I feel as if I’ve only just started.

Meeting many of you from all round the country, as I have done, a number of you have suggested that a two-year Presidency would be better. I do not think that will happen, because firms and organisations can only do without someone for so long and the individuals concerned might find that after two years they would have no work or clients to return to.

However continuity can be achieved in different ways. There is genuine team work between the Office Bearers and a partnership with the Council and the Executive which is encapsulated in the new Policy and Planning Group which will keep driving forward policy initiatives for the profession despite changes in the Office Bearers from one year to the next.

Review of the year

The pace of change in legal practice can be bewildering. In the year 2000 alone we survived the Millennium bug, felt the impact of the application of the ECHR across all areas of life and practice and saw the start of the Lockerbie Trial. We saw the end of direction by birth-date to the PDSO pilot and the appointment of a new Legal Services Ombudsman who has a different approach to the role. The Regulation of Investigatory Powers Act 2000, which challenges the client’s privilege of confidentiality was enacted at Westminster. The Adults with Incapacity (Scotland) Act 2000 (for which the Society, and in particular Adrian Ward of Barrhead, had long campaigned) became the first major statute of the new Scottish Parliament. In October, the country and the legal profession was saddened by the untimely death of Donald Dewar. Recently the Lord Advocate announced two enquiries into the handling of the Chhokar case.

The Society’s Investors In People status was confirmed early in the year. The successful Annual Conference in Inverness had great support from the profession in the Highlands and elsewhere. Following the AGM debate, the Council maintained its opposition to the introduction of MDPs. The In-House Lawyers Group has gone from strength to strength and Update continues to expand the number, accessibility and diversity of its seminars. This autumn saw the Society launch services utilising the commercial and economic power of the profession and designed to produce savings and benefits for practitioners. Responses to the Legal Post initiative and the Microsoft discount arrangement have been very positive. Members exceeded the buying targets for the three month trial for the Microsoft offer within the first 10 working days. Discounts should now be available for two years. These developments have been followed by a discount package for computer hardware. Other commercial services are in the pipeline.

The Society’s commitment to IT and Online Services for the profession has been well received. Our new improved website is just the beginning of the development of an exciting information and communication resource for the whole profession.

Hard evidence continues to bear out the success of self-regulation and the threat of accountants or other UK law societies monitoring the provision of financial services by Scottish solicitors was seen off although the new Financial Service Authority monitoring regime will be challenging.

The new skills-based Diploma in Legal Practice, the first part of the new training scheme, began in October. It is the successful culmination of an immense amount of work.

Faculty visits continue and I cannot over-emphasise the value of face to face communication with members about your hopes and concerns.

Looking forward

We already know that 2001 will hold much that is exciting and important for the profession. The Scottish Parliament’s Justice and Home Affairs Committee will conduct a review of Legal Aid and the Society will provide evidence of what is needed to ensure access to justice for Scottish people. We will learn what the Scottish Executive mean by “Community Legal Service” and determine whether access to justice is to be strengthened or weakened as a result. The impact of the Regulation of Investigatory Powers Act on clients will be discussed again with the Scottish Executive. The possibility of QC status for senior solicitor advocates will be examined. The Professional Competence Course pilot will be run by the Glasgow Graduate School of Law this summer. 2001 will not be a quiet year.

Faculty visits are being scheduled for the spring, so if we missed you in 2000, I hope we will visit you between February and May.

There will be other deals over the next few months intended to drive down the costs of practice. The new, free Practice Advisory Service will offer firms, especially small and sole practitioners, confidential advice on managing their business.

The AGM and Annual Conference will be held at Seamill Hydro on the Clyde coast on 11th – 13th May. I hope that as many members as possible will bring themselves, and their families for a weekend aimed at providing fun for all as well as stimulating business sessions for members. I hope the later than usual conference dates will allow everyone to benefit from good weather on the Clyde coast in May and take full advantage of the wonderful facilities both at the hotel and nearby.

With all these things ahead of us, I am looking forward hugely to the next few months.

Season of Goodwill

At this time it is right to think of those who are less fortunate. I recently attended a Trustees meeting of the Scottish Solicitors’ Benevolent Fund, which was formed earlier this year by amalgamating the Benevolent Funds of the Scottish Law Agents Society and the Law Society. The Trust does its best to provide practical help to members of the profession and their dependants who are in need but the Trust is not rich and can only afford to give relatively small sums every year. More funds are needed to provide more help to more people. I was impressed and heartened to hear of the Highland Faculty’s donations to the Benevolent Fund both this year and last, made from income generated by running CPD courses. If you are thinking of giving to charity at this time of year, as individuals or as Faculties, I commend the Benevolent Fund to you.

Very best wishes for the holiday period. I hope you enjoy a few days off work and can spend some time at home. I am so looking forward to catching up with my family before they forget who I am! Have a good one.

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In this issue

  • President's report
  • Obituary: Frederick James Lilley Main
  • A Criminal Code for Scotland
  • Protecting the rights of part-time workers
  • Protecting rights of the raided
  • Fixed penalties "productive of injustice"
  • Legal aid for employment tribunals - at last
  • Learning lessons that lessen risk
  • More Brussels, anyone?
  • Justice and home affairs

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