OF THE LAW SOCIETY OF SCOTLAND - The Journal Online

Nova case, which showed that in
comparison to accountants there
are different values and principles
that lawyers must adhere to, not
least of which is the independence
of advice and avoiding conflict of
interest situations.
“Competition in some quarters is
regarded as the master over all and
Nova has shown that what may on
the face of it appear to be anti
competitive can be in fact in the
public interest. It re-emphasises that
we must always look at what we do
from the public interest as well as
the interests of the profession.”
Nevertheless the Society’s
principled stand against MDPs may
be undermined if their counterparts
in England go down that route. As
Alan Paterson suggested in last
month’s Journal, the potential for
problems is obvious if England
embraces MDPs and they are then
linked to Scottish firms through
multi national partnerships.
Could the Law Society of Scotland
resist the tide in those
circumstances?
“If England went down the MDPs
route, we would continue to resist
based on the principled argument
we have set out.We apply the same
argument to the so-called Tesco
Law. My personal view is that there
are too many threats to the
independence of the profession.
Independence exists without the
need for regulation. Therefore to
have to introduce regulation to
maintain that independence would
be daft.”
At its most extreme, the
importance of independence is
clearly illustrated by recent events
in Zimbabwe, said Preston.
“I met the President of the
Zimbabwe Law Society and was
impressed by the resolve of his
members to stand up for their
clients against what they perceived
as oppression, despite personal
threats to them and their families. It
made me realise how comparatively
comfortable we are here and that
even in the 21st century we must
guard our core values.”
His laid-back approach makes it
seem unlikely he is the kind of
President that would torture
himself with soul searching about
where he and the Society fit into
the modern profession – but his
relaxed persona may be misleading.
“The Society has important
functions to play in maintaining the
values of solicitors, and in regulating
the profession, but it is also there to
provide support to practitioners,
offering help, guidance and services
to the profession whilst always
retaining the competitive nature of
the individual firms and practices
which make up the profession.”
Coming from a three partner firm
can he relate to the challenges
faced by the large city firms?
“In the 21st century, the Society has
to be relevant to all of its members
and I intend to focus on that. Some
of the larger corporate firms have
representation on Council and I
would like to see their number
increase.”
Everybody wants
to make progress,
it’s change they
don’t like
Are the firms interested and can
they afford to lose top fee-earners
for long periods? It does seem
something of a paradox that firms
with apparently the greatest
resources can least afford to let
partners devote time to Society
business.
“I just want to make sure that there
is balanced representation on
Council. If there are any issues to
address with the larger firms and
their representation on Council
then I will be happy to do so. I
would have thought that large firms
would find it comparatively easier
to cover for the time commitments
of a Council Member but that may
not be so with pressures on
individual departments or
chargeable hours targets.”
It might be expected that his
partners at Hosack & Sutherland
would resent carrying the practice
in his absence. Not so, says Preston.
“My partners are very supportive.
It’s an accolade for my firm and the
town of Oban. It helps demonstrate
that the profession is very active in
the town and Argyll generally.”
Still, the travelling schedule from
Oban must be exhausting. “I think
this is the most distant place a
President has come from, but I have
been travelling down for ten years
and have built up a system through
the support I have in the office, and
with e-mail and mobile phones I can
keep in regular contact both with
the office and with clients.”
Martin McAllister’s Presidency was
dominated by the Justice 1
Committee’s inquiry into the
regulation of the legal profession.
That seems set to loom large in the
early months of David Preston’s
tenure also.
“Justice 1 is going to report this year
and one of the things coming out of
it that we are going to have to
address is that perceptions can
form opinions. If the perception and
reality of the profession are too far
apart, people can form opinions
that are way off beam. Our job is to
make sure perception and reality
are as close as they can be.
“Part of that will be to focus on
what the profession has in
common. It’s not just solicitors but
the profession as a whole that
comes in for criticism. If we examine
what the different branches of the
profession have in common rather
than the differences then progress
can be achieved. Everybody wants
to make progress, it’s change they
don’t like.”
How would he encapsulate the
David Preston approach?
“I tend to approach things from an
inclusive point of view and prefer
structures that are built from the
bottom up rather than the top down.
I would hope therefore to bring a
gentle hand to the tiller and try to
see things from the lighter side.”
That light-hearted approach which
can belie his drive and commitment
is evidenced by a bet with his
predecessor. If he puts on weight
over the year under the deluge of
dinners he will attend, he has to pay
£300 to an organisation – which
shall remain nameless – that it
would pain him to assist. He’ll be
working hard to ensure the scales
don’t betray him next May. “I hope
to achieve the balance of taking
serious issues seriously but keeping
a healthy dose of perspective and
humour to hand.”
Journal
President
e:
roger@connectcommunications.co.uk
39 May 2002 Volume 47 No 5