Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Lawscot Foundation

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. For members
  3. Journal Archive
  4. Issues
  5. March 2020
  6. President's column

President's column

What does justice mean to you? I have realised it means not just allowing all individuals equal access to a consistent and predictable system, but promoting the rights of society as a whole
16th March 2020 | John Mulholland

Welcome to March’s Journal. I am not usually given to flights of philosophical, legal fancy, but this month I thought I would offer a reflection rather than a nuts and bolts column about the work of the Society.

When I became President, a good friend at my local faculty very generously gave me a book called Justice: What’s the Right Thing to Do? It is written by the Professor of Government at Harvard University, Michael J Sandel. You may remember he presented the completely compelling The Reith Lectures on the BBC. It’s only a 265-page paperback, but is well worth the read. I hope you have the time to give it a go.

I am sure that my friend is not clairvoyant. He could not have looked nine months into the future to see how useful his gift would be when, as part of Justice Week, I was asked to write a piece in The Scotsman about what justice means to me. From a Scottish criminal defence solicitor’s point of view it was very tempting just to say, in a nutshell, justice is when an independent, impartial decision-maker, after thorough and careful consideration of the evidence and the law, finds a charge against an accused person proven or not proven. I like to see the latter more often than the former, obviously.

However so, it took me a very long time to come up with anything which I thought made any real sense. It should not have been any surprise because, despite the fact that it is so fundamental a concept to the way we live, justice is such a hard concept to define. It is very difficult to pinpoint exactly what it is, but it certainly becomes clearer to us when we feel that we are not getting it.

I stressed the importance of access to justice in the sense of access to a system which tries, as far as is possible, to allow every person to be able to have unrestricted access to an established, consistent and predictable system of resolving disputes. I did not specifically mention legal aid, which perhaps understandably drew criticism from some quarters. If justice is a distant ivory tower and you can’t afford the entry fee, it is no more than something nice to look at. Legal aid is a cornerstone of access to justice and your Society continues to work tirelessly to secure proper rates of remuneration for our members who provide legal services with the benefit of legal aid.

Our members who work in the transactional, financial or not-contentious disciplines rely on a well developed system of justice as much as anyone else. It is just as important for that type of work to be done that there is a fair, stable system that guarantees business can be transacted with clarity and certainty. The financial health of our economy is central to justice, because we have seen only too clearly which budgets are cut most quickly and most deeply in times of financial uncertainty.

However, justice is and must be available to more than just individuals. I had the pleasure of meeting one of our members recently who works for an organisation called ClientEarth. It was the most interesting discussion. ClientEarth is an environmental law charity. They take governments to court, litigate to force polluting industries to shut down and protect irreplaceable habitats and vulnerable species. The environmental health of the planet is a global concern. The type of justice they are seeking is as important as any other.

It would be great if we could find a principle or procedure that could justify, once and for all, whatever distribution of power or opportunity resulted from it, but that is of course impossible.

I hope I did not choose the path of least resistance by suggesting justice will not be perfect until we are perfect. In the meantime we have to continue to find the best way of not only finding the right way to distribute things, but finding the right way to value things. We all depend on it.

Anyway, once you get to Friday afternoon and you don’t immediately collapse in a heap, after you have finalised all your transactions, finished all your trials, settled hundreds of your conveyancing transactions, filled in your timesheets and fully met your fee targets, I hope you get a chance to think about what justice means to you. See you next month, when normal column service will be resumed.

The Author

John Mulholland is President of the Law Society of Scotland – President@lawscot.org.uk Twitter: @JohnMMulholland

Share this article
Add To Favorites
https://lawware.co.uk/

Regulars

  • Book reviews: March 2020
  • Profile: Jim Drysdale
  • People on the move: March 2020

Perspectives

  • Opinion: Val Dougan
  • Letters: March 2020
  • President's column

Features

  • Roberton: a better alternative
  • Nikah-only marriage: a Scottish remedy?
  • Shining a light on arbitration
  • Beyond the books
  • Appropriate adults: a legal framework
  • A brief history of (the law on) time

Briefings

  • Reach of case management
  • Hello Brexit, bye bye streaming portability?
  • Home defeat for Liverpool
  • When it pays less to network
  • Scottish Solicitors' Discipline Tribunal – Mar 20
  • CGT: early reporting for all
  • ILC welcomes new faces

In practice

  • Price transparency: how does it work?
  • TCSP: themes from the review
  • The best of times; the worst of times
  • SPA roundup
  • Not so good to go
  • Ask Ash

Online exclusive

  • Reading for pleasure: March 2020
  • Price transparency: why you should pay attention
  • Deepfakes, and how to avoid them
  • Working round the virus
  • Equal pay: a material defence?
  • Territorial scope strikes twice more

In this issue

  • Why should a software supplier be independent?
  • Would you drive your car without a dashboard?

Recent Issues

Dec 2023
Nov 2023
Oct 2023
Sept 2023
Search the archive

Additional

Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited