Professional briefing - The Journal Online
Professional briefing - The Journal Online
Professional briefing - The Journal Online
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Diploma validity<br />
extended<br />
Students looking for traineeships<br />
are reminded that the Diploma<br />
in Legal Practice is valid for a<br />
period of two years from 1<br />
January after the Diploma is<br />
awarded. For example a Diploma<br />
awarded in August 2007 is valid<br />
until 31 December 2009.<br />
However, it is possible to apply<br />
to the Society for the validity of<br />
the Diploma to be extended.<br />
Applications are being treated<br />
sympathetically in the current<br />
economic climate. <strong>The</strong> Society<br />
will take into account relevant<br />
work experience and courses<br />
undertaken, as well as the<br />
applicant’s efforts to secure a<br />
traineeship. Applications should<br />
be made to the Society<br />
approximately two months<br />
before the Diploma expires.<br />
For more information about how to<br />
apply or to discuss any aspect of your<br />
traineeship, please contact Katie Meanley,<br />
Manager, Registrar’s Department on<br />
0131 476 8105/8200 or email her at<br />
katiemeanley@lawscot.org.uk .<br />
www.lawscotjobs.co.uk<br />
It has been an interesting year for<br />
solicitor advocates. <strong>The</strong> Rights of<br />
Audience Review is well underway<br />
and now the Society’s Council has<br />
approved 15 solicitor advocates as<br />
senior for legal aid purposes. This<br />
may help to address some of the<br />
concerns expressed in the<br />
Woodside case.<br />
<strong>The</strong> Council’s approval is the<br />
end result of a lengthy process of<br />
discussion and consultation, and<br />
helps to remedy what some have<br />
seen as an anomalous situation.<br />
To quote from the material<br />
issued to all potential<br />
applicants, taken in turn from<br />
the consultation: “<strong>The</strong> Law<br />
Society of Scotland is keen to<br />
stress that this scheme is not an<br />
alternative QC structure. <strong>The</strong><br />
scheme aims to ensure that<br />
there is some independent<br />
element available to check that<br />
payments from public funds are<br />
being made appropriately.<br />
“Accreditation will be given to<br />
those solicitor advocates who are<br />
the most able and experienced<br />
and have demonstrated the<br />
ability to deal with the most<br />
serious cases.”<br />
<strong>The</strong> list of 15 names is the<br />
work of the assessment panel<br />
established under the<br />
Russell guests at ceremony<br />
Sir Muir Russell, former Permanent Secretary to the Scottish Executive and Principal of<br />
Glasgow University, and now chairman of the Judicial Appointments Board for Scotland, was<br />
guest speaker at the Society’s recent Admission Ceremony in the Signet Library, where he is<br />
pictured (right) with Chief Executive Lorna Jack and President Ian Smart.<br />
Relocation project review<br />
<strong>The</strong> audit report on the delayed project to relocate from Drumsheugh Gardens to new premises<br />
was considered by Council members at the November meeting. <strong>The</strong> Society proposed the<br />
report should be prepared in an amendment to a proposal which was then passed at the<br />
Society’s SGM in September. Council noted the review and agreed it should be available in full<br />
on the Society’s website: see www.lawscot.org.uk/about/finance/annualreports .<br />
First solicitor advocates<br />
approved as “senior”<br />
chairmanship of Sheriff Principal<br />
Bowen. <strong>The</strong> panel consisted on<br />
this occasion of Alayne Swanson,<br />
President of the Society of<br />
Solicitor Advocates, Ian Bryce,<br />
solicitor advocate and member<br />
of the Society’s Council, Criona<br />
Courtney, lay member, and Alex<br />
Prentice QC, assistant principal<br />
advocate depute.<br />
Applicants all had at least seven<br />
years’ experience as solicitor<br />
advocates, although in many cases<br />
this figure was easily exceeded.<br />
<strong>The</strong> application form asked for<br />
details of cases undertaken in the<br />
last two years, along with other<br />
relevant information.<br />
It was intended that the list<br />
should reflect the reality of those<br />
who are currently undertaking<br />
cases of gravity and difficulty,<br />
such as might also be dealt with<br />
by QCs. As a result colleagues<br />
will probably recognise most or<br />
all of the names on the list.<br />
In passing it is worth noting<br />
that the new accreditation scheme<br />
attracted many more applications<br />
PPC<br />
members<br />
<strong>The</strong> <strong>Professional</strong><br />
Practice Committee is<br />
pleased to announce<br />
that following the<br />
resignation of three<br />
solicitor members over<br />
the course of the last<br />
year, it has brought its<br />
membership back up<br />
to a full complement<br />
with the appointment<br />
of three new<br />
members: Norman<br />
Banski (Council<br />
member), Derek Allan<br />
and Valerie O’Neil.<br />
than the single application for silk<br />
received this year. <strong>The</strong> drop in<br />
applications to be a QC, from<br />
solicitor advocates in particular,<br />
was the subject of comment from<br />
Sir William Rae, the independent<br />
observer of the QC application<br />
process. No doubt this will be the<br />
subject of further discussion.<br />
Accreditation is for a period of<br />
five years only and is subject to<br />
review thereafter. This is meant<br />
as a means of ensuring that high<br />
standards are maintained.<br />
As part of this exercise, solicitor<br />
advocates with four years’<br />
experience will automatically be<br />
entitled to claim remuneration as<br />
“junior as leader”.<br />
<strong>The</strong> next step is for changes to<br />
be made to the legal aid<br />
regulations. We understand that<br />
this should happen early next<br />
year. From that point on, only<br />
those on the list will be entitled<br />
to charge senior rates.<br />
John Scott, Vice President (Crime),<br />
Society of Solicitor Advocates<br />
Obituaries<br />
FRANCIS ANTHONY PATTERSON<br />
(retired solicitor), Clarkston<br />
On 9 May 2009, Francis Anthony<br />
Patterson, formerly partner and latterly<br />
consultant to the firm Peterkins, Aberdeen.<br />
AGE: 80<br />
ADMITTED: 1954<br />
ROBERT IRVINE GLOYER<br />
(retired solicitor), Burghead, Moray<br />
On 25 October 2009 Robert Irvine<br />
Gloyer, formerly partner of the firm<br />
Leonards, Hamilton.<br />
AGE: 73<br />
ADMITTED: 1959<br />
JOHN HENDERSON SINCLAIR<br />
(retired solicitor), Crail<br />
On 8 November 2009, John Henderson<br />
Sinclair, formerly sole practitioner, Glasgow<br />
and latterly consultant to the firms Golds<br />
and Davidson Fraser, both Glasgow.<br />
AGE: 74<br />
ADMITTED: 1962<br />
More news><br />
Property law news items are<br />
on pp56-57<br />
December 09 the<strong>Journal</strong> / 23