Ahead of the Law Society AGM on 28 May, Chief Executive Lorna Jack responds to the letter circulated to the profession by David Flint, in support of his motion to cap the practising certificate fee.

“We are proposing a material reduction in the cost of the Practising Certificate and had planned since the 2008 SGM to bring that before the SGM in September 2009. This shows our commitment to lowering the costs for our members when many are going through an unprecedented difficult time. Preparing a sound business plan which looks to the long term future of the profession is essential to how we conduct our business and no less so in a time of economic crisis. Just over four months into the job, I would like to be given the opportunity to complete our budget cycle and the on-going review of services and processes so that we can bring a sustainable fee structure to the profession in the autumn.

I very much appreciate that solicitors firms can’t move income to meet costs, although many have done a great job at looking at new income streams and marketing their current practises to maximise income in the current environment. The Society is in exactly the same place. We have also had to cut costs and in the early part of this year took unpopular decisions to prepare us to deliver a reduced fee to our membership for 2009/10. Where we differ from our membership though is that we have a statutory obligation to deliver and there is only so far we can go in reducing costs in that respect.

I can fully appreciate why David Flint’s motion looks appealing in this economic climate but I would ask members to think about a couple of things when deciding how to vote. This cut represents more than a third of the Society’s current resources. That is a staggering reduction to any business model no matter how quickly it is modernizing and reforming. In our meeting David advised our Vice President and I that he had not looked at our annual report and that he did not have a clear idea of what such a cut would mean in terms of the activities we would have to stop. If it was my Society I would look to the longest serving Treasurer, to the treasurer who has stabilized the Society’s finances from its precarious position of three years ago, for some guidance on what is possible and what might be a cut too far. I believe Jamie Millar is the member with far more insight than anyone in that respect.

I believe the Society has done a decent job in the past in representing members’ interests. Good examples would be the current negotiations on-going with Abbey; the negotiation with the SLCC to free in-house and overseas members up from the full charge for the SLCC, the group procurement of PI cover and the high impact work conducted by our various law reform committees. It is interesting to note that David Flint, has just volunteered to join our insolvency committee and so I am assuming he has done so to make a difference.

Having said all of that, I am on record as saying that this is the area where we need to do more. Our role as regulator is very well understood by the profession but our role as representer and supporter much less so. We have already started a programme of reform in this area and as I have been out and about with the profession this particular point has been well received. Members want more effective representation and with the right resources we will deliver that. We haven’t grown a bureaucracy – as our annual report shows that between 2007 and 2008 we cut our headcount from 126 to 118.

As far as many resigning their PC or membership is concerned – that may be an option that is available to some and it may be particularly being contemplated by those who are currently out of work. I can fully understand that. However, it is currently the only recognized qualification to be a Scottish solicitor and it is a “badge” that belongs to the individual. It is very much a decision that the individual makes albeit the vast majority with support from their firm/employer. What I am saying to members though is that we do not take that decision for granted. Although members choice in this respect may be limited, we recognize that our members do have a choice and that is why we are putting the profession and future generations of Scottish solicitors’ interest to the forefront.

David has said that he has had more attention from the Society in the last four months than he has in the past 10 years. I think that view will be shared with many more members of the profession than just himself. Since coming into post I have spent the greatest proportion of my time meeting members and listening to their views. I also have spent time internally talking to the Society’s team about treating members as customers and changing our focus to be outwards looking and listening rather than assuming. Members are reporting that they are starting to see the results of that. I am glad that David Flint does too. There are many more members of the profession that I have yet to meet and look forward to the next opportunity which will be the Falkirk Faculty on Friday."