Sheila Webster: legal sector is changing to better meet the needs of clients

Law Society of Scotland President Sheila Webster

It’s hard to believe that 2023 is nearly at an end. The year has been as fast-moving as it has been eventful, around the world, in Scotland and for the Scottish legal sector, writes Law Society of Scotland President Sheila Webster.

I’ve been immensely proud once again this year of how our profession has stood up and been counted; excelling in our day jobs, while also making our voices heard on critical issues such as the rule of law, access to justice and what the legal sector should look like in the future.

During the year, I have travelled far and wide, including to the recent International Bar Association conference in Paris, and also to various events in London, Dublin, Helsinki and, of course, many corners of Scotland.

The miles I’ve covered have confirmed two things – both the high calibre of legal professionals in Scotland, and that this fact is widely recognised by our colleagues in other parts of the world. Our peers recognise not only our merit as individuals, but also the strength of the Scottish legal institutions that we work to serve and maintain.

That is one of the reasons why lawyers from elsewhere have been so shocked to hear about the serious threat being posed to the independence of Scotland’s legal profession. I’m talking of course about the Regulation of Legal Services (Scotland) Bill that is currently being considered by the Scottish Parliament.

This Bill proposes to give Scottish ministers new powers to intervene directly in the regulation of the legal profession for the first time. Such power over solicitors and advocates would be unlike anything we’ve seen in other Western democracies.

It’s a pity that such a serious flaw has detracted from the positive elements of the Bill which we wholeheartedly support, such as introducing new forms of regulation for legal businesses, and imposing restrictions on who can call themselves a lawyer.

The Law Society of Scotland isn’t standing alone in raising the alarm. The Faculty of Advocates, Scotland’s judges and many legal experts, along with our colleagues at the International Bar Association, agree with us that this imposition of executive power on the legal sector must not proceed.

Scotland’s lawyers have similarly united in calling out another piece of legislation from the Scottish Government that has positive aspects but significant flaws, the Victims, Witnesses, and Justice Reform (Scotland) Bill.

Key parts of this Bill risk seriously undermining the integrity of Scotland’s criminal justice system, most notably the proposal for a pilot of judge-only rape trials.

Trial by jury for serious crimes is a cornerstone of our justice system. Even on a pilot basis, judge-only trials would put that fundamental right in jeopardy with no discernible benefits.

The Law Society will be continuing to engage with the Scottish Government on these and other matters – including the ever-deepening crisis in legal aid. We were bitterly disappointed to see legal aid left in the dark once again in this year’s Programme for Government. The longer action is delayed, the harder it will be to restore access to justice in Scotland to the state it should be in.

Of course, it’s not all doom and gloom – far from it. Despite economic uncertainties, recessions and pandemics, Scotland’s legal profession continues to grow. It continues also to evolve, as it must to continue serving clients and communities across the country in an ever-changing world.

We’re working to ensure the legal sector makes the most of the opportunities that exist now, or will do in the near future, across technology, sustainability, equality and diversity, and wellbeing, to name just a few areas.

One of the key reasons why we’re so well placed for the future is the demographic transformation that the legal sector is undergoing. Hundreds of young people are bringing fresh ideas and attitudes, as we’ve registered more than700 trainees annually in each of the last three years.

Our sector directly contributes more than £1 billion a year to the Scottish economy, and provides thousands of highly skilled,well-paid jobs. We now have more than 12,000 solicitor members and 1,200 law firms, ranging from large global companies through to small high-street businesses.

The end result is a legal sector that’s vibrant, dynamic, diverseand – with a few concerning exceptions – thriving.