THE SCOTSMAN THURSDAY 12 NOVEMBER 2009 SCOTTISH LEGAL REVIEW 31
THE YEAR AHEAD
Sector awaits results of Holyrood reviews that could alter way lawyers work, writes Martin Hannan
O
N ONE thing practically every
lawyer in this supplement is
agreed. Trends in those legal sec-
tors which directly depend on
economiccircumstancesaredifficultto
predict as no-one really knows if the
claimedrecoveryisunderway.
So what does the future hold for the
legalprofessionafterthecreditcrunch?
And in this recession, could there be
help at hand from government, at least
inaroundaboutfashion?
There will be no cash bail-out for law
firmsastherehasbeenforbanks,butthe
post-devolution process of lawmaking
hasalreadyaffectedthelegalprofession
substantiallyandwillcontinuetodoso.
Several of the top-ranked lawyers in
The Chambers and Legal 500 reviews
suggested that our various legislators
now hold the key to the way the profes-
sionwilldevelopinfuture.
Thebiggestdevelopmentsinthefore-
seeable future will emanate from Holy-
rood, where the Scottish Government is
awaiting reports from senior judges
intotheverynatureofScotslawitself.
JusticeSecretaryKennyMacAskillhas
beenhandedthereportbyLordGillinto
the civil justice system. Ministers will
now decide on its recommendations,
particularly on the call to reform the
way sheriff courts operate in civil cases
and the creation of a whole new class of
judiciary,thedistrictjudges.
In separate reviews, Lord Cullen has
recently reported on the future of Scot-
land's Fatal Accident Inquiry system,
and next year will see Sheriff Principal
EdwardBowenreportonthesheriffand
juryprocedure.
All these reviews are likely to mean a
massive overhaul of the way Scotland's
lawyerswork,thoughperhapstheymay
takesometimetocometofruition.
Douglas Jessiman, partner with
BrechinTindallOats,says:"Wewillfacea
numberofchallenges,whenandifLord
Gill's suggested changes are brought
intoeffect.Idon'tthinkthatwillhappen
in the immediate future, and it may not
be in the life of this parliament that the
changesaremade.
"If there are more civil cases moving
into the sheriff courts as has been rec-
ommended, that may have an effect on
the criminal justice system and on the
availabilityofcourtrooms.
"We know Lord Cullen has recom-
mended improvements in regard to
FatalAccidentInquiries,butitisamoot
point whether there will be any money
to change the FAI system after the other
changesaremade.
"Alongwithvariouskindsofnewleg-
islation, which is important for all the
profession,wewilljusthavetowaitand
see what changes are made in the civil
courtsinparticular."
Action on the Gill, Cullen and Bowen
reviews will come on top of a whole raft
of legislation from the Scottish and UK
Parliaments and the European Union
whichhavealreadytransformedthelaw
in various sectors. Scotland's Licensing
Act of 2005, the Planning Act of 2006
andtheTransportandWorksAct2007�
to name but three � are really only now
beginning to take effect. Along with EU
directives and Westminster law alter-
ations such as the Employment Act
2008,theyhavealteredthelandscapein
whichmanylawyerswork.
In the environmental field, for in-
stance,Brussels,LondonandEdinburgh
areallsourcesofnewlaws,whilethefull
implications of Scotland's Climate
Change Act, for example, will not be
fullyknownforyears.
More law is not always better law, but
for Scotland's lawyers, it seems that leg-
islation coming out of Europe, the UK
and our own Parliament, especially in
certainspecialisations,ishelpingtooff-
setatleastsomeofthedamageinflicted
bytherecession.
Gillian Simpson, head of the plan-
ningandenvironmentalunitatMaclay,
MurrayandSpens,saysthatrecentplan-
ning legislation itself had created some
opportunities: "The ongoing local plan
reviewprocessandtheenactmentofthe
2006PlanningActhascreatedaspin-off
asdraftplansbegintobepublished."
Oneofthosespecialistswhohasbene-
fited from regulations pouring out of
BrusselsisVincentBrown,headofwaste
and renewable energy and partner in
environment at Semple Fraser. Brown's
team specialises in European Union
waste law, and particularly the status of
products and materials � "it's a mine-
field, but it's a good thing for us in a
way".
Explaining why Europe will continue
to be a rich source of business, Brown
says: "There must be a hundred of them
sitting in Brussels every week, wonder-
ing `what will we think up next', and so
there's legislation coming out all the
time about which I have to advise my
clientsandotherindustrialpeople.
"The work I am doing now is almost
purely European Union law, and for in-
stance, I have just been advising a new
client in the global quarrying sector in
relationtotheirsitesalloverEurope.
"Thewayisdefinitelyopenforustodo
more work for corporates across the EU
as well as here and in England and
Wales."
Headds:"Thekeyistohaveaspeciali-
sation that differentiates you from the
rest."
Uisdean Vass, head of oil and gas at
Maclay,MurrayandSpens,saysspeciali-
sation within his sector and across the
legal field generally will become more
and more prevalent. He says: "The de-
mand for legal work is becoming more
sophisticatedandpeoplewantspeciali-
sation and they want to be able to work
withtheindividualtheyrequire."
New laws and their effects have kept
specialists busy in the licensing, plan-
ning, environment and energy sectors,
to name but four, and will ensure they
havetoadviseclients,andnodoubthelp
createcaselaw,foryearstocome.
We will face a number of challenges,
when and if Lord Gill's suggested
changes are brought into effect
NEW STANDARDS
The Scottish
Government is
awaiting reports into
the nature of Scots
law Picture: Ian Rutherford
FLAGGING UP LEGAL CHANGESFLAGGING UP LEGAL CHANGES

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