Eric Baijal is Head of Litigation at Drever and Heddle, a firm operating from offices in Thurso, Kirkwall and Fraserburgh (and another location in early course…). Eric and his family relocated from Fife to Wick, Caithness. He offers his latest insight into life and law in the land of the dark skies.

I’m writing as I sit in Starbucks in the High Street, just down the road from the Court of Session. Its 8 a.m. on a bleak Thursday morning. I am amused that I have spied at least two wannabe authors, who obviously figure that an early start will get the creative juices flowing. Me, I’m just a highlander who can’t work out how to cross the Forth in order to arrive at Court, without being an hour early or an hour late.

Still, there’s not too much down time. With all the work that is being done to Parliament House it will probably take me the best part of an hour to guide counsel to court…

I will need to get used to getting round the town again. We’ve decided to open up an Edinburgh office in June. It probably sounds very grand and pretentious, but if you would like to come and see the office we are leasing I can prove otherwise! In all seriousness it has become clear that we physically cannot continue without some fixed presence in the central belt. Some of the sometimes bi-weekly trips will hopefully be avoided by setting up an Edinburgh presence. It will also assist us with the increasing amount of Court of Session work we are doing for ourselves and other firms. While we have been able to run our own work from a distance there is no doubt that having a fixed presence on the ground will be a big help.

One of the challenges in managing any growing team is to try to ensure that nepotism (whether perceived or real) is avoided. You will understand why that has been particularly in my thoughts when you hear that my brother Alasdair is coming in to move forward the Edinburgh project. It’s a good opportunity for him, but clearly there will be pressure on him to perform, and also for me to behave in a transparent and fair way!

Meanwhile, work continues as normal. I was going to stop moaning about business travel problems, but again can’t help myself. Last Thursday evening I was to take the last flight from Wick to Aberdeen, to get me down for meetings on Friday morning. The plane was cancelled at the last moment; nothing new there then. We were then to be taken down to Aberdeen on mini-buses. So far so good. I was sat between two off shore workers. Still OK. Worker number one asked the taxi driver to stop at a local hotel as we left Wick. He returned with a mammoth carry-out consumed by the time we were at Dornoch. The problems then began as the guys on either side of me then began to rile each other into fighting. Some say mediation has no teeth in disputes, but happily it produced a happy ending for me in this case with the culprits moving from fighting to cuddling to sleeping (as only drunks can) in a few short miles.

Back at home Leanne was coping with James’ two year old assessment from the health visitor. He performed admirably until asked to produce something he liked to play with. He then proceeded to produce an 18” metal pole from his bunk bed construction and explained (apparently in very articulate terms) that he liked to use this to hit grown-ups with. While not strictly to do with the law it is the incidents like these that give me a laugh in any quiet moments during the day…

Since my last contribution there has been lots more said about ABS in the profession. SLAS, who I respect greatly, were asking us for our proxies in relation to any SGM. There is clearly a view (and of course I had previously concluded there was no way back for the Scottish Ministers) that Holyrood may change their mind about deregulation. There is also genuine fear about deregulation. However, my open question to the profession is what is that fear about?

The profession’s awful public perception and reputation is at times undeserved. However, much of it surely has to do with a lack of transparency. There is no shame about putting forward the profession’s opinion. I accept that there could be deregulation dangers associated with ABS implementation. However, if the real fear is that our back pockets will be lined less, we should wake up to the fact that the public are not stupid.

For my part I just can’t see a scenario where ABS will be scrapped. I don’t think (and perhaps even accepting that it could have dangers not though through properly before the bill was passed) it would be a good thing if it was scrapped. The public would, I think, immediately conclude that the profession had just closed ranks in an effort to protect our financial interests. Others will disagree, but even as a Partner in a small firm I think the changes will bring opportunities. In any event in may actually be a change or die situation. We live in a changing world; the law is not somehow different. I do agree with the fact that our ethical and professional standards have to be maintained and enhanced. However, I think (if indeed anyone is suggesting this) it is a quantum leap to say therefore change is a bad thing…

In the Division this week. Had to bring in junior counsel at the last moment. Has anyone ever noticed that it is generally the same names on the last minute lists? Must be a moral in that story somewhere…Case was heard at first instance in August 2006. There have been complications, but surely we can find a way of speeding the process up?

Anyway, short blog this month, trying to get through things as quickly as possible. Off on holiday for a week at the weekend. Helping out in a series of Gospel Services. Not as far removed from litigation as you may think: Preaching a remedy needed because of a broken law! Others can disagree, but I certainly find that the remedy is a bit more complete than anything I’ve got from a court!