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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
No increase in funding commitment We are pleased to note that our letter published in the March issue of the Journal elicited responses from Ian Smart as convener of the Legal Aid Committee and Alex Quinn, Law Accountant. Disappointingly, neither correspondent seeks to address the key issue which is the complete absence of any certainty of funding to meet the profession’s aspirations. By his own admission Mr Quinn has given this area little thought. Mr Smart suggests that savings in other areas “should” provide scope for an improved level of remuneration. There is, however, little published evidence to support this somewhat vague and unconvincing assertion. Indeed, the Deputy First Minister has recently announced a number of measures which will have the effect of widening and deepening the current legal aid system, with consequent pressures on the existing funds. Ironically, during the very week in which Mr Smart’s letter appeared, the adviser to the Justice 1 Committee remarked in paragraph 17 of the scrutiny of the budget process “fees for civil legal aid remain frozen and there is no evidence in the budget of any anticipated increase in expense in the legal aid area” and “the Minister for Justice indicated that he was not ruling out an increase and was meeting with the tripartite body to discuss such matters. There appears to be no budgetary provision for any increase”. In short, the law accountants remain of the view that, at the moment, there is no “prize”, to use Mr Smart’s terminology, and the profession are being asked to accept a whole new raft of administrative layers of legal aid bureaucracy without any real increase in funding commitment. Significantly, the adviser’s report for 2003 also confirms a 22% real term increase in the administrative budget of the Legal Aid Board based on the 2000/2001 constant and a 4.1% real reduction in payments to the profession as part of the frozen overall budget. Would it not be considered incompetent for a solicitor to advise clients to involve themselves in a process in which the other party did not appear to have the where-with-all to fulfil his part of the bargain? Why then should the profession be asked to engage in just a such a process? Alastair Greig, Law Accountant, Edinburgh, on behalf of the law accountants listed on p14 of The Journal in March Journal Letters 15 May 2002 Volume 47 No 5
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