The New Year provides an ideal opportunity for reflection. Such reflection often leads to resolution. As 2011 draws to a close, law student Fraser Matheson suggests a few resolutions for the Scottish legal community.

First of all; to our Law Society, I make one suggestion. I make one simple plea.

Engage.

The profession in Scotland has had to face up to a number of pressing issues in 2011. Next year shall doubtless present further challenges. None of us has all the answers. And that is precisely why the Scottish legal profession needs to start seriously and openly discussing the issues much more frequently.

It is difficult to conduct a meaningful debate without good and engaging leadership. This is where, in theory, the Law Society steps in. Our Law Society consists of many able and talented individuals who are committed and have much to offer. But at an institutional level, the Society appears remarkably unwilling to openly engage with pressing issues in public. That cannot continue.

It seems to be somewhat fashionable in some quarters to knock the Law Society for its own sake, as a kind of benign amusement. That is unfortunate and sometimes unhelpful, and I have no intention of doing that. However, it is my view that something has gone horribly wrong with the way in which the Law Society communicates with its members and with the public at large. That is a matter of some concern.

We can be expected to reasonably disagree with one another in relation to important and difficult issues, such as ABS, Legal Aid funding, and so on. However, whatever one’s view may be on these issues, it is clear that all of these issues are worthy of vigorous public debate and discussion. These discussions simply cannot proceed properly unless the Law Society and its individual office bearers are able to effectively engage in them.

I feel that the present failures can to a large extent be attributed to the adoption of an overly “corporate” approach to communication. This is exemplified at its worst by the Society’s notorious “Media Protocol”. I am quite sure that most readers of The Firm will agree that the Society’s current refusal to deal with this publication is somewhat absurd.

I have always understood communication as a two-way dialogue, through which meaningful ideas can be freely expressed, considered and debated. The Society appears, at times, to have a different understanding.

I am hopeful that 2012 shall see the Law Society begin to engage more frequently, openly and meaningfully with both the profession and the public. In this respect, I wholeheartedly welcome the positive note struck by Austin Lafferty in this very publication a few short days ago, and I am confident that he shares in my hopes.

Secondly, to the busy practitioner I propose the following resolution.

Once every now and again, wake up in the morning and congratulate yourself. Be proud of what you are a part of. Be proud of the contribution you make to society, to the profession, and to the maintenance of the rule of law.

The late Lord Bingham, in his book on the subject, described the rule of law as “the nearest we are likely to approach to a universal secular religion.” If that is true, then you are a preacher. You carry a vital message and your good works are fundamental to our society. Be proud of that.

Finally, I address the next generation – my generation.

It is all too easy, as a student, to perceive the legal community and its concerns as somewhat distant. It is easy to assume that it is not your place to involve yourself in the debates. Do not make that mistake. Very soon, that legal community shall be our community. Its concerns shall be our concerns.

So to the next generation of lawyers, I say this. Get involved.

Turn your legal mind to law reform consultations. Perhaps you shall see what others have missed.

Apply your knowledge and skills to the assistance of others. If your university operates a legal advice clinic, consider joining it. If it does not, consider setting one up. Volunteer at the Citizens Advice Bureau.

Enter the debate. When the legal community gets talking about an issue, join in. Your views are valuable. Your views are the future.

You have a voice.

In 2012, resolve to use it.

Previous articles from Fraser Matheson can be read here, here and here.