FEATURES
03 Dec 2007
The Shining Stars
Get up close and personal with some of the big names that have made this year\'s Power 100. Also, find out why some of the surprises have also made the list this year.
1 Alex Salmond. First Minister
The SNP hit the ground running after their election victory, and Salmond himself has effectively personified the new Scottish Government, rebranding it and taking personal ownership of matters as diverse as the national football team, Glasgow’s Commonwealth Games bid and the future of broadcasting. Supplanting former Justice Minister Cathy Jamieson, who does not appear in the Power 100 at all this year, as law’s most powerful figure is testament to his wide reach, visibility, and evidently undisputed control of Scottish public life, which he has managed to a far greater extent than his designated man in this area, Justice Minister Kenny MacAskill. His natural flair as a statesman and internationalist has seen him emerge as the authoritative figure in the political life, and the most powerful man in law, but only by the narrowest of margins.
2 Elish Angiolini QC, Lord Advocate
2007 has been something of a tussle for Scotland’s Legal Personality of the Year, but the baptism of fire has seen her emerge stronger, sharper, tougher and more highly respected, having stood up firstly in Parliament to defend the Crown Office and Prosecution Service for failing to secure a conviction in the World’s End murder trial, and subsequently beating down Lord Hamilton’s attempt to publicly belittle her, securing a coded apology and judicial vindication after a reportedly frank exchange of views in private.
Unique in being the first female Lord Advocate, first solicitor to hold the post, and the first Labour appointee in the role to survive the change in administration, she took on the role with a lot to prove. The wobble over the World’s End debacle lifted a stone over the shocking failure of process and accountability in the prosecution chain, but has ultimately led to a long term review of the criminal judicial process by the Law Commission, scheduled to complete in 2009. In person, she is warm, approachable, elegant and really quite charming. We wouldn’t recommend you get into an argument with her though.
<3> Donald Findlay QC
A remarkably high placing this year for Scotland’s premier QC, in what must be considered a long awaited endorsement of his character, style and unique personality after a potentially troubling year. It is also a testament to the simple fact that he has a lot of friends, and accumulated a huge reservoir of respect and affection. Anyone who has watched him do what he does best will acknowledge that there are few in court who can match him for his raw talent, and ability to perform in court. The skill of drawing complex evidence from (frequently unwilling) witnesses in the most intricate of cases is a delicate and nuanced challenge, and it is easy to compare Donald’s artistry in this game against the fumblers and stutterers who make up a marked percentage in advocacy. Findlay is still the advocate of choice for those facing the most severe criminal accusations. Since the last poll he has defended those accused of the murder of Kriss Donald, and Atif Siddique, controversially convicted on terrorism charges. His unpublicised commitment to his clients exceeds the call of duty, and if you don’t already know how hard he works, we’re prepared to bet that he probably puts in more hours than you do. A remarkably modest man in his private time – despite what you may have read elsewhere- Findlay’s personal convictions towards justice, the rights of the accused and the role of the press are articulated in his actions. Despite his venerability, his best years are likely to be ahead of him.
4 Robbie the Pict
Robbie is a one man legal system all of his own, and an agent of change of considerable potency. Had he chosen an establishment lifestyle, he would likely be Lord Robertson of Dunvegan by now, with a successful judicial career behind him and a seat in the Lords beckoning him forward. But Robbie’s calling is driven by an acute distaste for the trappings of establishment, and a stolid determination to expose the entrenched vested interests of the judiciary and the legal profession. No judicial system is perfect, and where it is flawed, Robbie will find the cracks and break them wide open. An astoundingly capable researcher and exponent of constitutional law, Robbie’s persistence and skill in analysing raw data and extrapolating the legal consequences are formidable. His willingness to challenge the courts, the judiciary, the parliament, the Crown, the local authority and the police on everything from the right of the Court to hear his case, to the classification of roads and their charging regimes has seen him agitate and campaign from street level to High Court level. He continues to seek the truth of the chain of events surrounding the Lockerbie airliner tragedy, and given his track record, is more than likely to succeed where many others are more than likely to continue to fail.
5 Kenny MacAskill, Justice Minister
Since taking office after the May election, MacAskill has so far avoided the potential pitfalls of occupying the most newsworthy legal job in the country. Just as the poll closed on the Power 100, MacAskill announced the Law Commission were undertaking a two year review to consider how to reform the criminal law after the World’s End debacle, after which many senior figures had feared there may be a quick fix reform rushed through to appease the baying tabloids. MacAskill’s more considered reaction is likely to reassure those members of the legal profession who have not yet made up their minds on the SNP administration, although it is noteable that he has not equalled Cathy Jamieson’s assured position atop last year’s Power 100 league table. Despite his track record in private practice, his status as law’s political figurehead is not yet assured.
7 Professor Robert Black, Edinburgh University
The highest placed Scottish academic on the The Firm’s Power 100 poll, the recently retired Black remains forever associated with the events that took place in his home town of Lockerbie, events upon which he still continues to write. His high placing perhaps indicates the degree to which the damage done by the flawed handling of the aftermath shames those in the profession who wish the damage done to the reputation of Scots law to be repaired on an international stage.
8 Annabel Goldie, Leader Scottish Conservatives
Unlike her predecessor David McLetchie, fellow former solicitor Annabel Goldie has so far steered clear of controversy in public life. Her elevation in the 2007 poll indicates there may be life in Scottish opposition yet. Emerging as a consistent Parliamentary and media performer, her public prominence is clearly registering with the legal fraternity.
11 Jim Swire, Campaigner
As we approach the twentieth year of Jim Swire’s campaign to uncover how his daughter was killed, it is perhaps an opportune moment to reflect on how far he has come. The actions of the police and officials on the night of the Pan Am 103 tragedy have been exposed. The actions of the UK and US governments in framing Libya have been uncovered. The evidence that convicted Abdelbaset Ali Mohmad Al Megrahi has been revealed to be fabricated, the trial exposed as a sham, and the true nature of the rot that allowed all this to happen has been opened up for scrutiny. This has been the work of many hands, but were it not for the actions of Jim Swire, who has not rested, and will not until this matter is settled, it is doubtful that we would be so far along the road towards exposure of the truth. Association with the Lockerbie case was once considered a badge of honour; now it is the poisoned chalice, and Swire’s lightning rod effect is the major cause.
13 Mike Dailly, Govan Law Centre
Scotland’s Solicitor of the Year at the recent Law Awards of Scotland, Dailly has risen massively in the estimation of the legal profession, an evident reflection of his growing status as an expert analyst, and contributor to the legislative process in his capacity as a consultant to the main political parties. Mike’s team at the Govan Law Centre have also been recognised for their work, crowning off a highly successful year for their principal solicitor. Dailly is a regular contributor to letters pages in the media and ensures that his views are shouted loud and clear, something which again is raising his profile.
24 Iain McKie, campaigner
and author
Much of the work in exposing the appalling culture of machismo and denial within the Scottish Police and judiciary was exposed by the hard work undertaken by Iain Mckie on behalf of his daughter. He continues to focus attention on the institutional failures which persist in the legal framework, and it is clear that his work has touched a chord within the profession too. In April, he published his co-authored exposure of the hounding of his daughter, reminding the public that the murder of Marion Ross, within whose crime scene the crucial fingerprint emerged, remains unsolved.
“We now live in a culture that favours political expediency, lying and mediocrity, over openness and accountability,” he wrote in a letter to The Scotsman. “As Burns put it, \"There\'s nane ever fear\'d that the truth should be heard, but they whom the truth would indite.\"
27 Richard Henderson, President, Law Society of Scotland
Henderson had greatness, or the potential to achieve greatness, thrust upon him a little sooner than expected when former Law Society of Scotland president John MacKinnon returned to private practice passing the chalice on to Henderson early. Perhaps the top job at the Law Society could be likened to that of the England football manager, that is to say you’re almost guranteed to come under fire at some point. Henderson will be all too aware that with the amount of reform being proposed and the amount of reform being argued against his opinions will be sought far and wide. It is clearly too early to tell whether he has what it makes to ensure his presidency is long remembered at Drumsheugh Gardens, but many feel he has the clout to steer the ship through what will be very choppy waters.
30 Richard Keen QC, Dean, Faculty of Advocates
Had voters had a few more weeks then Richard Keen would no doubt have finished higher in the poll after being named the new Dean of the Faculty of Advocates after an election campaign victory against Valerie Stacey. Keen’s new position is considered richly deserved after narrowly missing out on the post in the last election to Roy Martin. Few can question his credentials for the top job. Aged 53 he will have the vitality to manage the forthcoming period of change with vigour. His experience in the courtroom is also without question. He is currently appearing for the family of Henri Paul at the coroner’s inquest into the deaths of Diana Princess of Wales and Dodi Al Fayed.
34 Bill Aitken, Shadow Justice Secretary and Convenor Justice 1 Committee
Conservative MSP Bill Aitken didn’t register in last year’s poll at all, but he is emerging as a potent and forceful behind the scenes manipulator of the Scottish legal landscape. He regularly lends his ear and voice to the Law Society of Scotland, and chairs the influential justice committee, having replaced Annabel Goldie, which moulds and shapes Scotland’s law from the nuts and bolts of Parliamentary debate. Clearly voters on The Firm’s poll feel that what Aitken has to say matters.
35 Robert Pirrie, Chief Executive, The WS Society
The WS Society were once the oft overlooked clique within the solicitors’ profession. However their flagship accreditation scheme and ongoing nurturing of legal talent through their training programme is gaining them new friends and admirers among the legal elite, recognising the contribution of The WS Society. Its cool and calm chief executive Robert Pirrie can be congratulated for ensuring the ancient body, among the oldest professional societies in the world, continues to be relevant in the current business climate.
40 Maryam Labaki, President Scottish Young Lawyers Association
Maryam was only admitted as a solicitor during November, and it is a testament to the reach of the organisation over which she presides that she registers so prominently within the profession. The SYLA represents all lawyers up to ten years post qualified, speaking for them as a collective, highlighting issues of concern (including pay), and of course organising get-togethers. The profile of the SYLA has risen markedly during her stewardship.
41 Paul McBride QC
No longer a bachelor, leading QC McBride remains a force to be reckoned with in the criminal bar fraternity. Admired and respected by his peers for his success rate and no nonsense advocacy style, he is equally well regarded for being down to earth, sociable and generous spirited. Still a young man, McBride’s biggest and best years are also, no doubt, yet to come. And if you need a light, he’s your man.
45 Austin Lafferty
The fact that the broadsheet Scottish newspapers have been known to call on Austin for his legal advice should confirm the esteem with which his opinion is held. A former favourite on the media circuit, he is now more likely to be found networking and pressing the flesh at corporate board level, and is becoming one of the standout legal personalities from amongst the solicitor branch.
7 Dorothy Bain QC
For one so disarming, soft spoken and considerate, Dorothy Bain sure knows how to fight, facing down some of the toughest, most feared and abhorrent criminals in the country and securing them jail time. That she has managed to do so whilst remaining relatively anonymous in public life speaks volumes of her tendency towards modesty, but her quality of understatement cannot diminish her potency, having been appointed QC earlier this year. She exemplifies the Dewar doctrine of solid achievement through hard work - with a dash of the X-Factor.
51 James Cruickshank, Editor, The Digger
The independent crime newspaper The Digger has gone from strength to strength during the course of this year, and there is a delicious irony in the fact that the one man phenomenon who is the Digger has gained recognition from the legal profession, given that he only set up the paper because the mainstream press refused to carry realistic and comprehensive crime coverage. The popularity of the small A5 newspaper, and the affectionate acclaim towards its semi-anonymous author demonstrates that there is a serious demand for defamation-dodging, street-beat news. Cruickshank himself is an interesting character and is certainly no stranger to members of the Scottish justice system. He’s been banned from Glasgow Sheriff Court and has to don a disguise when in the vicinity of Glasgow High Court for fear of being recognised by members of the criminal fraternity.
68 Elizabeth Cutting, Public Information Officer,
Court of Session
It has been another good year for Liz Cutting, who has single-handedly sharpened the media facing activities of the Court of Session and the Judiciary. Ensuring that thorough transcripts of crucial decisions are quickly available - for instance making public all 15 pages of Lord Carloway’s referral of Aamer Anwar - has assisted in improving the quality of news reporting in relation to all aspects of High Court work. This has also allowed some of the fog surrounding the bench to be blown away. She is currently evaluating the circumstances in which it may be appropriate to allow cameras in court, a move which would greatly improve public understanding of the judicial process, and puncture the impenetrability of the highest levels of the judiciary.
73 Donald Reid. Chairman, Mitchells Roberton
A regular contributor to the legal debate in Scotland via his insightful columns, principally in The Scotsman newspaper, Donald also remains a prominent networker and well connected figure in the legal, political and judicial establishments. Having succeeded where the Titanic failed by surviving a direct hit with an iceberg, it’s good to see Donald making a swift recovery and return to the legal circuit.
82 Lord Coulsfield
Like Lord McCluskey, Lord Coulsfield, retired since 2002, is proof that influence beyond the bench can be considerable. In September 2007 he published his findings after reviewing the law on disclosure, proposing the introduction of new legislation and recommending new practical arrangements, all of which are likely to be implemented.
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Keen for change