The future of the law is in the hands of bright young stars like Emma Boffey, Scotland’s youngest successful Sheriff Court pleader.

On 10 March, amidst the bustle of Glasgow Sheriff Court, a remarkable record was set by a Strathclyde University Law Student who stood before Sheriff Bowman and unobtrusively secured a minor but significant small claims victory in the amount of £127.79 for a client of their law clinic. Her landlord had unlawfully retained the deposit and alleged that the property was damaged. The case was argued by Emma Boffey who became, at 20 years and 95 days old, the youngest lay representative in Scotland to have conducted and won a proof in the Sheriff Court.

The weight of the world has yet to exert its crush on Boffey’s spirit and sense of justice. There are some would argue that a case of such little value should not occupy the court or even a lawyer, but such sums represent huge chunks of essential income for thousands of families with no legal protection due to the financial inaccessibility of the court system. There is a lesson for justice to be learned by the example of Emma and her colleagues at the Law Clinic.
 
“I had my sights set on doing litigation since I was a wee girl. It is the whole notion of justice, and litigating, representing people who are disadvantaged, who wouldn’t get legal aid and can’t afford a solicitor. You are really helping someone who wouldn’t otherwise be able to access justice,” Boffey told The Firm.

“It sounds like a noble idea, but it is only when you get involved that you realise just how many people are failing because they don’t have the representation and legal advice that is needed to succeed in that forum. You have to have something there to redress the balance. The balance of power immediately shifts once a legally trained representative is appointed.”

Later that day, Boffey acted as senior counsel in the Alexander Stone national mooting competition as part of a team that brought the trophy back to Strathclyde University for the first time in ten years.  Already boasting a network of contacts that would be the envy of a seasoned advocate, the correct application of Boffey’s talent and drive is almost certain to yield a career of impressive significance. She also retains that most elusive and fragile of qualities: passion, married with an attitude that defies resistance.

“My peers talk about corporate law, commercial law, but for me, no matter where I end up, I think I will retain that notion of justice, and still be able to exercise that in my work. It is what draws people to law,” she says.

“Even when I am practising, I hope to do pro bono work, and that is something I’d like to see encouraged by the Law Society and powers that be. As a solicitor of course you have to take into account the economic considerations of the firm, but just because you have that professional role, does not mean you have to throw away your values and your justice aims. The law clinic is providing a route to access justice for people who would not otherwise be able to access the court system.

“The small claims system is flawed. People who have claims with a value of just a couple of hundred pounds are not going to get help.”

Emma Boffey is already exhibiting the nascent skills of a politician, as well as the commanding confidence of a successful advocate and visionary sense of justice that epitomise the best of the law. One suspects we shall hear much of her in years to come, and if she continues in the vein, that can only be a good thing for the profession.

“There are always access to justice issues, and you are always going to need people to contribute in a meaningful way and use their skills to effect change, help out the underdog and make sure their cases are not forgotten about,” she says. Who could argue with that?