OF THE LAW SOCIETY OF SCOTLAND - The Journal Online

Journal
Letters
Extra
judicial
settlement
fees
I want to alert readers to the
position of Glasgow City Council
in relation to settlement of
reparation claims. It appears that
unlike every other major local
authority and insurer, Glasgow
Council do not pay extra judicial
settlement fees when settling
claims.They consider that it is a
matter of their discretion and
they will also frequently not alert
solicitors to the fact that this is
their negotiating position when
acknowledging receipt of letters
of claim. In the circumstances
solicitors may wish to consider
whether it is worth negotiating
with this Council or litigating
immediately.
David Sandison,
Lawford Kidd, Edinburgh
May 2002 Volume 47 No 5 14
Write to:
The Editor,The Journal,
Studio 2001, Mile End, Paisley PA1 1JS
f: 0141 561 0400
e: journal@connectcommunications.co.uk
Concerns over PCC
Trainee
solicitors
who began
their training
contracts
within the
last year are
the first trainees in Scotland to
undertake the new Professional
Competence Course. From now
on, it will be obligatory for trainees
to undertake such a course at the
end of their first year.
The course is designed to be an
intensive two week course, which
supplements and supports the
training received by trainees whilst
working for their firms. At the end
of their second year, trainees will
also be required to sit a Test of
Professional Competence, which is
apparently designed to root out
those who are not sufficiently
competent to practise and,
therefore, to confirm that those
who pass have attained an
acceptable level of competency
during their training.
Unfortunately, in recent months,
the Scottish Young Lawyers
Association has learned of the
growing concerns of first year
trainees about these new features
of their training. In particular,
trainees are confused and
concerned about the PCC; its
meaning, practicability and
necessity.
In order to establish the nature and
extent of these concerns, the SYLA
sent out a questionnaire to over
100 first year trainees. The
questionnaire asked 19 wideranging
questions, embracing such
issues as: the level of information
received about the PCC and from
whom it was received, problems
involved in booking a place on a
designated PCC and the perceived
objectives of the PCC.
Of the 66 replies received, more
than three-quarters of the
respondents were very concerned
about the lack of general
information they had received,
either from the Law Society or their
employers about the PCC. Indeed,
over half had not received any up to
date information, either from their
employers or the Law Society.The
information which they had
received was of poor quality. Many
respondents found themselves
needing to be proactive, gleaning
some information from the Law
Society website (which apparently
requires radical updating).
Many respondents stated that they
were unclear as to the PCC’s
objectives. Many also stated that
they did not think that the PCC
would provide training of any
better quality than they had
received either from the Diploma
or from their day-to-day training.
Over half of the respondents felt
that the PCC would not be
beneficial to their training. In fact,
one respondent made the point
that the PCC was merely a new
“buzz word”.
The respondents were also
concerned about the stage of
organisation of the impending PCC.
Only half of all respondents had
been able to discuss the
arrangements for their attending
the PCC. Worryingly, 54 out of the
66 respondents had not yet
secured a place to attend an
accredited PCC. Dundee University
has withdrawn its application for
accreditation and Aberdeen
University will only be providing
twenty places at any one time.
Accordingly most respondents felt
that matters such as travel and
accommodation costs had not been
taken into consideration. Many
respondents did not know whether
or not their employer would pay for
the cost of travel and/or
accommodation.
Whilst we do not claim that the
sample taken is representative of all
first year trainees it, at the very
least, provides an indication as to
the current state of awareness of
and preparation for the PCC. We
feel that the Society must issue
further guidance on an urgent basis.
Marcus Whyte,
Committee Member on behalf of the
Scottish Young Lawyers Association
May I use the columns of your esteemed publication to draw to the attention of the profession a new
and worrying addition to the pressures which afflict our daily efforts.Today, a client threatened me with
the Legal Omnibus (sic).
Come oan, get aff !
Doug Winchester,Winchesters, Aberdeenshire