Law and legal affairs: Beneath the Tweets

The society has submitted its application to government to become an “approved regulator” of the new alternative business models (ABS). After contentious AGMs, referendum and a referenda, the announcement of our submission, the step that will make it real, was met with less fizz than a cheap Cava. Have we learned to love, or at least live with, the concept of ABS? Has the world changed? Or are lawyers napping after early festive indulgences? There may have been a shift. I had an indication of that when speaking to a senior partner who was originally in support of accountants and other professionals being allowed to enter partnerships but against “external” ownership. With young lawyers increasingly not aiming to be a partner, with the associated liability and commitment, and with challenges relating to personal access to debt, or firms being able to offer guarantees, he asked where capital would come from? That challenge may require other options – from employee ownership through share schemes to external funding. The conversation took place in the same week two venture capital companies contacted me to ask about the legal market in Scotland. Whether linked to ABS or not, capital adequacy and partnership exit strategies are likely to remain hot issues.

#ProtestForJustice

When’s a strike not a strike? When it’s by criminal defence lawyers. Independent defence agents are not employees of the state. With no contract of employment, uncovered by employment and trade union protections, and without access to one of the globe’s top ten pension funds (in the way civil servants have) this is not a strike. It is much more like a farmer saying to the big supermarkets that he can no longer afford to produce milk at the price they offer. Most of us buy cheap milk in supermarkets, but at some point we recognised that cows need to be bought, fed, treated by a vet, and milked. In driving down prices the supermarkets became sinners not saints, and most of us sided with the farmers against the bullies. Lawyers are not refusing to carry out their contract of employment – they are turning down work which is now often costing them more to deliver than they can make. Why not take a nine-to-five job with sick leave and that pension, if government policy makes private enterprise unsustainable? EU and international law protects the rights of individuals accused by the state and prosecuted by its might. Without private defence agents the state will have no choice but to provide the service itself. Is the nationalisation of services and even further reduction of private enterprise in providing employment in Scotland really the best solution? Is it really what our future holds as a nation?

Love the arts, leave to the arts

More than 30 influential arts organisations have joined a new scheme to support the arts in Scotland through legacy giving. These range from national companies with international reputations such as Scottish Ballet and the National Galleries of Scotland to vibrant local projects like the Moray Art Centre in Findhorn and the Fife Cultural Trust. Sign-up from law firms has also been fast, from large firms such as Tods Murray and MacRoberts through to smaller practices including our president’s firm – Austin always leads from the front. The scheme is also good for the public, offering a free will in return for assuring a small donation to one of the named charities within that will. However, more firms are required as the scheme builds up to going live. Interested solicitors can get in touch at www.aandbscotland.org.uk/legacies

• Neil Stevenson tweets (@StevensonLaw) his personal views on issues in the legal sector. Follow all of The Scotsman’s legal news on Twitter @scotsmanlaw