OF THE LAW SOCIETY OF SCOTLAND - The Journal Online
OF THE LAW SOCIETY OF SCOTLAND - The Journal Online
OF THE LAW SOCIETY OF SCOTLAND - The Journal Online
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
President’s report<br />
<strong>Journal</strong><br />
Viewpoint<br />
In his final President’s report, Martin McAllister looks<br />
at some of the fundamental issues facing the profession in the future.<br />
Looking forward<br />
It would be easy for me to end my Presidency by<br />
reflecting on an extremely full and interesting<br />
time in office, but I would rather share some<br />
thoughts on the future.We are a forward-looking<br />
profession and, over the past year, my views have<br />
certainly been influenced by my experience.<br />
Tomorrow’s profession and market trends<br />
<strong>The</strong> Faculty meetings around Scotland, which I<br />
have enjoyed so much, have confirmed my views<br />
that there are some fundamental issues facing the<br />
profession. At a Faculty meeting in a rural area a<br />
few weeks ago the solicitors attending said that<br />
whilst business is relatively healthy, they are having<br />
difficulty attracting trainees to rural practice.<br />
Anecdotally it seems that fewer young solicitors<br />
are entering legal aid practice. We are often told<br />
that the average age of members of the<br />
profession in some non-city areas is rising.<br />
<strong>The</strong> larger Scottish firms are competing for the<br />
best candidates with English, European and US<br />
firms as well as with other<br />
Martin McAllister<br />
professions. Some large firms are concerned<br />
because they feel they are bearing the burden of<br />
training the solicitors of the future.<strong>The</strong> common<br />
theme is one of matching future requirements of<br />
the profession with people entering it and it<br />
reflects the high international regard for Scottish<br />
trained solicitors.<br />
<strong>The</strong> issue is, I believe, much wider. At its most<br />
basic it is about matching the needs of the public<br />
with the numbers and skills of those entering the<br />
profession. <strong>The</strong> consequences of the current<br />
market dynamics could be far reaching. If people<br />
are not entering the “traditional” legal aid areas of<br />
practice then there will be real future problems<br />
for access to justice. Because of the history of<br />
legal aid remuneration over the last decade it is<br />
understandable why people are not so attracted<br />
to this area of work. Proposed changes to civil<br />
legal aid will improve the situation but is only part<br />
of the answer.<br />
We can argue that we cannot buck the market. It<br />
is understandable that some firms who take<br />
trainees feel that they are bearing costs of<br />
training new solicitors but, again anecdotally, it<br />
seems that those trainees who start in the larger<br />
firms tend to stay within that circle of firms and in<br />
due course become training partners themselves.<br />
In some areas of practice, especially in the larger<br />
firms, the training has become so specialised that<br />
it might be difficult to move to another area of<br />
practice or to general practice.<br />
We need to get hard facts. We need to<br />
know the pattern of trainees’ career<br />
progress. We need to know the<br />
implications for rural areas and<br />
recognise that other professions,<br />
including medicine and dentistry, are<br />
dealing with the same issue. <strong>The</strong><br />
Society’s Policy and Planning Group is<br />
considering how best to gather the<br />
information. Because of the potential<br />
implications for access to justice, it is<br />
not only a matter for the Society<br />
but also for the Scottish Executive<br />
and Scottish Legal Aid.<br />
Technology as the Key<br />
<strong>The</strong>re has been much progress on technology<br />
over the last year, particularly on our Private Key<br />
Infrastructure, secure electronic communications<br />
project. <strong>The</strong>re is no doubt that the pace of<br />
change will increase and that we as a profession<br />
must embrace technology or be left behind.<br />
Equally important is that those who interact with<br />
us and who are key components of the justice<br />
system must keep pace with us to ensure that<br />
areas such as the administration of criminal law<br />
and the resolution of civil litigation, particularly in<br />
commercial matters, progress at the same speed.<br />
<strong>The</strong> Executive, Judiciary, Scottish Courts, Crown<br />
Office, Legal Aid Board, the Society and others<br />
must work together as a team to be efficient and<br />
cost effective. I am confident that this can be<br />
done. <strong>The</strong>re is the goodwill from all the<br />
stakeholders in the justice system and we have<br />
the advantage of Scotland being, in relative terms,<br />
a small jurisdiction and therefore easier to<br />
implement change.<br />
<strong>The</strong> practice of law as it is carried on now is quite<br />
different from five years ago and will change even<br />
more in the next five years. I am convinced that<br />
practice units will change. With increased<br />
specialisation and the necessity of firms to<br />
provide a full range of services to be competitive,<br />
partners will have to look at areas of practice,<br />
amalgamations or arrangements with other firms<br />
and the provision of advice their clients seek both<br />
in the city and in rural areas. If we embrace these<br />
developments and adapt, then the profession will<br />
remain healthy and will prosper.<br />
My year as President has been fulfilling, exciting,<br />
and the best time that any Scottish solicitor could<br />
have in their professional life. David Preston has<br />
been a friend and a very hard working Vice<br />
President over the past year and I wish him every<br />
success as President.<br />
It is now time to return to Saltcoats and pick up<br />
my life! What I will never forget and will value<br />
most of all is the huge amount of goodwill that<br />
the members of the profession have shown me<br />
as President and for that, I am most grateful.<br />
5 May 2002 Volume 47 No 5