The burden of proof

Although Scotland is a rather small country, with an unusual legal system, the quality, and quantity, of legal texts is really remarkably good. (Of course, it could suggest that we are over-lawyered.) We have many splendidly learned academics and practitioners, and as several specialist Scots Law publishers and imprints - Avizandum, Tottel, W Green, and the various university presses.

When you have this kind of supply it's churlish to complain. But I'm going to, anyway. Recently, I've been noticing rather poor proof reading standards - homophones, misspellings, and even in one case, whole line dropouts -- and that in a book in its 3rd edition, and one that is probably bought by almost every LLB student in the country (I'll leave you to guess which one it might be.)

This problem isn't unique to legal texts, it's true. But given the premium that is placed upon careful, clear, and correct, communication within the profession, it's just a little disappointing.

(I do hope there are no unfortunate errors above.)

Get your tanks off my Parliament Square?

The heather is burning in the Scots legal profession. Well, perhaps not burning, but certainly smouldering rather noticeably. Parliament is currently considering the Legal Services Bill. This is a measure which, inter alia, would allow non-lawyers to own (bits of) legal firms, so-called Alternative Business Structures (ABS).
  

I'm ambivalent about this measure. I can see that allowing multi-disciplinary partnerships - with, say both lawyers and accountants as principals - makes a good deal of sense. It matches the privilege such professionals already have, of instructing counsel directly, without engaging a solicitor. It would allow one-stop shop for professional services. But I'm less clear on the benefits of, say, Tesco (or less wholesome ambulance chasers) becoming principals. I don't like the fact that the bill allows the proliferation of oversight bodies; but perhaps discretion in operation will prevail (although I gather the accountants have already made a bid for oversight). Exactly how advocates will enter into partnerships, and ABS, and how that will interact with their current cab-rank rule, inability to handle client's funds, current training methods, and so on, could be complicated - especially given the small size of the Scottish bar. Could it actually mark the beginning of the end of the distinct bar? Quite possibly.

The Scottish Law Society had an AGM about the bill, last year, and decided that ABS were a neat and dandy idea. However, it seems that a lot of their membership don't actually think that at all. Or perhaps they don't like the fact that the bill also proposes introducing non-solicitors onto the Scottish Law Society council. Some have even suggested 50% non-lawyers, and a non-lawyer chair. And a few largish sub-sections - The Glasgow Bar Association, and the Writers To The Signet Society - are now rising in collective revolt against this. Or that. It's not entirely clear, really. But they are angry, anyway.

The WSS seems to want its old, pre-war, role as a representative society of solicitors back, and to remove that role from the Scottish Law Society, who are currently both a regulatory and representative body. Maybe it's just me, but that looks like a WSS land-grab. It would seem to be to make more sense to establish a new Scottish Lawyers Regulatory Body, as in England, (and leave the Scottish Law Society as the solicitors' representative body). But, in the light of the Bill, and ABS, that body would (should?) probably also be given regulatory jurisdiction over advocates, too - it would seem silly to have a separate Scottish Bar Council for just a few hundred advocates (especially as advocates are all now trained first as solicitors). But the Faculty wouldn't like that.

Interesting times.

The Beginning...

Every blog needs a first post; either to check that it's actually working, or to lay out a manifesto. Let's assume that it is working, and state that this blog has no manifesto. It has no goals, no aims, and no designs. It is simply a place for me to lay out my experiences,  thoughts, and frustrations as I venture into the secret garden that is Scots Law, and progress towards wrenching an LLB from the hands of the University of Glasburgh.

Like as not it will manage to be both uninteresting to other LLB students, and dull to qualified lawyers. I might, however, be able to amuse some laymen.

On with the farrago...