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OF THE LAW SOCIETY OF SCOTLAND - The Journal Online

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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

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