Defining year

It is fitting that the immediate future of the solicitors’ profession will be determined during a landmark year – the Society’s 60th anniversary. The introduction of the Legal Profession (Scotland) Bill in the Scottish Parliament is likely to pave the way for a new regulatory regime and alternative business structures; and reform of the Society’s governance arrangements will ensure we remain an effective, efficient and transparent organisation for the profession and the public. And all this will take place during a period of severe economic pressure.

Constant values

The guiding principle behind the establishment of the Society 60 years ago remains the same today as then: to promote the interests of the solicitors’ profession and the interests of the public in relation to the profession. But much else has changed during that time, not least the size of the profession itself. While the number of solicitors remained relatively steady for many years, the total began to increase rapidly in modern times. Just over 3,200 solicitors held a practising certificate at the beginning of the 1970s when I entered the profession. In 2007, the numbers practising broke the 10,000 mark for the first time. Business entities changed too, with a move away from small and medium-sized general practices to larger firms, increased specialisation and even a more visible global presence.

But the reputation of the profession has stood the test of time. Now, as then, solicitors operate at the heart of civic Scotland, upholding the rule of law, enhancing the business community and providing a valuable contribution to the democratic process. Perhaps, above all, the profession serves the community in which it practises. Central to the idea and vision is the nature of the profession itself: diverse and sometimes representing different interests, but always bound by common purpose and a willingness to adapt to changing circumstances.

Process of renewal

Certainly, success in the future will require a continued willingness to show flexibility, particularly given the trading conditions. Many solicitors have faced difficult decisions in recent months. Should they cease to trade? Or contract the business? Are redundancies necessary? Will they lose their own livelihood? The scale of the difficulties seems unprecedented to many, and is indeed largely unprecedented. And while some forecasts suggest the recession will soon bottom out, others are less optimistic.

So what path should our profession follow? I suspect a network of policies will develop alongside new checks and balances and fresh ways of looking at the world, including tougher regulation of the banking and finance sectors. Alternative business structures may have a vital role to play and the Society last month set out a plan of action for reforming our own processes and procedures in line with those impending legislative changes.

A resurgence in professionalism is also likely – and the Society is well placed to be at the forefront of such a movement. In January, we produced a statement of professional standards of conduct and service that were easily understandable and accessible to solicitors and their clients. However, the process cannot stop there – professionalism involves ongoing commitment to core values and principles, and to the ideas of service and continuous improvement. Of course, many of the Society’s members are already involved in valuable work – working pro bono, if you like – both within our structures and in numerous other ways. Those values will take the profession far, while also helping to promote access to justice and a fairer society.

Joined-up working

Moving forward, we must ensure solicitors join up and work together. That way, the value of the profession – and the solicitor “brand” – will be consolidated and the reputation and profile of solicitors will be enhanced. It may also prove part of the foundation on which to build recovery from recession. How to join up and work together? For a start, come to Edinburgh for the Society’s “Law in Scotland” conference on 8 and 9 May, where you can help to tell the story and build the future.