In-house Lawyers Group Newsletter
(as at 19 December 2008)
The Committee would like to wish all members a Happy Christmas and a Very Good New Year!
AGM/SYMPOSIUM AND DINNER 2008
21 NOVEMBER 2008, THE HUB, EDINBURGH
Our event on 21 November was a huge success with a full house for both the conference and the dinner - our thanks to everyone who attended for their support.
For those who were unable to attend, you can see a copy of the Chairman's Report here.
The following photos will give an idea of the event -
Symposium
Champagne Reception - The Hub
We have already booked The Hub again for next year and you might like to put the date in your diary now - Friday 20 November 2009. Further details will be circulated in the New Year.
ELECTION OF COMMITTEE MEMBERS AND OFFICE BEARERS
At the AGM, the following Committee Members were elected for a further three-year term of office: Janet Hood, Colin Anderson, Lynda Towers and Janette Wilson; Fergus Speight and Carolina Viola were elected for their first three-year term.
As required by the Constitution, the Office Bearers were elected at the first Committee meeting following the AGM and I am pleased to advise that Janet Hood and Colin Anderson have been elected for a further year as Chairman and ViceChairman respectively.
WHISTLEBLOWING
We have now produced a guidance note on Whistleblowing which we hope will prove useful to members. This will be added to the Guide for Inhouse Lawyers shortly.
BRUSSELS OFFICE
The Society has had an office in Brussels since January 1993. It is a joint office which is shared with the Law Society of England & Wales and the Law Society of Northern Ireland.
The UK Law Societies are jointly represented by a team of five people: Julia Bateman (Head of the Brussels Office); Andrew Laidlaw (Deputy Head of Office); Susan Clements (Justice and Home Affairs Policy Adviser); Laura Merzari (Office Manager); and Antonella Verde (Administrative Assistant).
For more information on the role of the Brussels Office and the services it provides to individual solicitors and firms, please click here.
Trainee Secondments
The Brussels Office also takes two trainee solicitors on secondment from Scotland, England & Wales or Northern Ireland, with one starting in March and the other in September, each lasting approximately six months. The secondment offers trainees an excellent opportunity to become familiar with the EU institutions; to monitor EU legal developments, ranging from competition law to criminal justice, public procurement to private international law; and to develop contacts with MEPs, key Commission officials, the Scottish Government and UK Government departments.
They are currently recruiting for traineeships commencing in March and September 2009. Please click here for further details.
For more general information on the Brussels Office, please contact Katie Hay, either by email or on 0131 476 8351.
We would encourage you to make use of the services our Brussels Office can provide.
21 Century Bar Conference
Friday 5 December 2008
This conference was another resounding success and attracted over 80 delegates. We are grateful to the Faculty of Advocates for making this possible and to the excellent team of speakers: The Rt. Hon. Lord Reed; James McNeill QC, Brian Napier QC, David Sellar QC, Ailsa Carmichael, Advocate, Alasdair Hardman, Advocate, Roisin Higgins, Advocate, and Michael Howlin, Advocate.
We have already fixed the date for next year - Friday 4 December 2009. Details will be advertised in due course.
COMPETITION APPEALS TRIBUNAL
The President of the Competition Appeals Tribunal has informed the Scottish Competition Law Forum that they plan to establish a Users Committee, drawing together a cross section of those who frequently have cases, or appear, before the CAT. Although individual cases will not be discussed, the purpose is to discuss matters of relevance to the litigation of competition law matters generally.
It is proposed to have two meetings per year of the Committee, to be held at the offices of the CAT in London. The first of these is planned for a date (to be confirmed) in January 2009. There may be additional meetings if thought necessary.
The initial membership of the Committee will consist of the President, Chairmen and Registrar of the Tribunal and will be open to both branches of the legal profession, the competition authorities and the relevant regulators. The President may require the re-nomination of any member who has served on the Committee for two years or longer.
Two members have already been nominated by the Chairman of the Bar Council to represent the Bar. The Law Societies, the Office of Fair Trading, the Competition Commission and OFCOM have also been asked to nominate representatives.
We are very honoured that the SCLF has been asked to nominate a representative to serve on the Committee. If you are interested in this important role, please contact Gordon Downie on gordon.downie@shepwedd.co.uk
RISC AFFILIATE SCHEME
A NEW OPPORTUNITY FOR PROFESSIONALS IN THE WORLD OF PROPERTY
The newly launched RICS Affiliate scheme enables like minded professionals in the world of property to benefit from the wide range of knowledge, research, services and facilities that RICS has to offer. The Affiliate scheme is not a grade of membership but a service for non members offering a wealth of opportunity to network, make contact with other professionals and stay ahead of the game - with all the latest information, advice and debate on emerging issues from the world of property. In addition RICS Affiliates can benefit from a wealth of professionals from around the world.
Click here for further information or contact Gail Hunter at the RICS.
The Signet Accreditation – recognising excellence in legal services
Now open to In house lawyers
The WS Society’s flagship initiative, The Signet Accreditation, continues to lead the way in accrediting legal services in Scotland and is now available for In house lawyers. Applications for the 2008 assessment programme are now open and I wanted to take this opportunity to tell you about this innovative scheme, which you may have read about in the latest Journal.
Uniquely, The Signet Accreditation places as much emphasis on a lawyer’s commerciality, communication and other skills important to clients as on their technical legal knowledge. It is therefore a way for lawyers to demonstrate their all-round abilities and genuinely recognises excellence in the provision of legal services.
Involvement in the scheme is an excellent opportunity for individuals to stand out from the crowd, and for legal teams to demonstrate a real commitment to delivery of exceptional standards of service.
I attach a brochure which explains more about the scheme and its benefits. If you are interested in becoming an accredited solicitor and would like more information please contact Helen Bowman, The WS Society on hbowman@wssociety.co.uk or 0131 225 0654.
LEGAL PRIVILEGE - AKZO NOBEL APPEAL
We are aware that the Law Society of England & Wales is to intervene in the appeal and that the UK government will now do so too. In our discussions with the Brussels office, we were advised that as a fixed time slot is allocated for each appeal, the more participants there are the shorter time they each have to make their case. Amongst others, the following organisations are involved: IBA, ABA, CCBE, ECLA, CBI and LSEW.
We therefore agreed that it would be more effective for the one Law Society to make representations. We are members of the CCBE who are also participating in the appeal. All the issues we would wish to raise will be raised by them on our behalf.
The Inhouse Lawyers Group has produced Guidelines for members which are being circulated to members and incorporated into the Guide for Inhouse Lawyers. We are grateful to Michael Dean of Maclay Murray and Spens for his assistance in drafting these.
Articles for The Journal
You will have seen that since September 2006 the Group has had a regular page in The Journal. The Editor is keen to include items of special interest to, and contributed by, inhouse lawyers. The Committee supports this initiative and would encourage members to submit articles on topics of relevance inhouse, or to propose topics and/or authors. Please contact the Committee Secretary in the first instance with any ideas or contributions.
Committee Visits to Members
Hearing the views of our members is a great way for us to develop the work of the Inhouse Lawyers Group, to seek your views on the services we currently provide and those we might develop for the future. You may wish to see the comments made by your colleagues last year. If you would like the to arrange an event or focus group in your area, please contact Tricia.
SCOTTISH PUBLIC LAW GROUP
The Scottish Public Law Group was founded in 2008 to provide an open forum for topical and informed debate about the development of public law in Scotland. The group brings together people from 4 key constituencies of public law – solicitors, advocates, legal academics and government lawyers. The founding steering group represents these constituencies, and consists of Adam Tomkins, John Miller Professor of Public Law at Glasgow University, Gordon Downie, Partner, Shepherd and Wedderburn LLP, Jane Munro, Advocate, and Paul Cackette, Legal Secretary to the Lord Advocate.
What does it do?
The SPLG has hosted 3 evening seminars so far, each held at a different location. These events are free and open to all. They have featured a series of high-calibre speakers, and offer the chance for attendees to discuss the issues at hand. The first seminar was held at the University of Glasgow, and concerned remedies in public law, with Professor Tom Mullen, Jane Munro and Professor Adam Tomkins contributing. The next event, chaired by Jim Gallagher (secretary to the Calman Commission), was held at the Faculty of Advocates and featured Iain Jamieson (formerly of the Scottish Government) and Professor Neil Walker presenting on 'Revisiting the Devolution Settlement'. Most recently saw a lively discussion on Scotland's Freedom of Information regime, chaired by Ros McInnes (BBC Scotland solicitor). The speakers included Maurice Frankel (Director of the Campaign for Freedom of Information), Alicia McKay (FoI Unit, Scottish Government) and Margaret Keyse (Office of the Scottish Information Commissioner).
What happens next?
2009 will see the group extending its scope and ambitions in providing a valuable forum for debating a broad and ever-evolving area of law in Scotland, and it is keen to encourage participation from as wide a range of interested parties as possible.
Anyone who wishes further information should contact Gordon at gordon.downie@shepwedd.co.uk
A NON DOMINO DISPOSITIONS AND THE INHOUSE LAWYER
Guidance Note on behalf of the Law Society Conveyancing and In-house lawyers Committees:
A question has been raised as to the competency and advisability of an in-house lawyer granting an a non domino Disposition in favour of his or her employer. It is understood that the practice of doing so is quite common in some Local Authorities where it has been seen as an extension of the former custom of Council solicitors executing Notices of Title in relation to Council property.
It is suggested however that it would better practice that the solicitor involved in the drafting of such Dispositions should not also act as granter.
Firstly, there is a risk that it might subsequently be argued that the Disposition falls foul of the criteria necessary to create a valid foundation writ for the purposes of prescription as set out in the case of The Board of Management of Aberdeen College v. Youngson and another, [2005 1 S.C. 335] i.e. that the subjects must be conveyed A to B and not A to A. This difficulty might arise particularly where the solicitor could be said to be executing the deed as an authorised officer on behalf of the Council rather than in an individual capacity. The underlying conveyancing theory requires there to be transfer or delivery by the donor to the donee. Even if signing in a personal capacity, as an employee of the Council, it might still be argued that the employee is acting under the Council’s instructions and should be regarded as being the Council for this purpose.
Secondly, the transfer must be made in good faith. The Keeper will now require appropriate enquiries to be carried out with a view to ensuring that no competing title is understood to exist. In theory however, there must always be a competing title even if that lies with the Crown or indeed the Queen’s and Lord’s Treasurer’s Remembrancer. Whilst actual knowledge of a competing title and non disclosure of relevant information to the Keeper would very likely constitute misconduct on the part of the solicitor, in some circumstances, the issue of whether there is a competing title may be a matter of judgement. In such difficult circumstances, there could well be advantage to the granter being distinct from the solicitor.
Finally, it must be doubtful as to whether it is the “duty” of an employee in terms of their contract of employment to be required to execute dispositions in such circumstances. In terms of good governance, actions of this nature lie more happily with elected members/office bearers rather than with employees.
For general guidance in relation to a non domino Dispositions, see also the article on the Registers of Scotland web-site at: http://www.ros.gov.uk/foi/legal/text/ch36.htm
AN INSIDER'S VIEW - by Barry O'Meara
The role of the in-house lawyer is especially tricky, as the scope for conflicts of interests is greatly increased. Insights into successfully managing the In-house legal function offers you a wealth of experience and advice on all aspects of the role including:
The interface between in-house and out-of-house
Key aspects of managing an in-house legal department
How to choose the best team - not just for the task in hand but for an effective long-term relationship.
Barry O'Meara is a consultant at the leading City firm, Rowe & Maw. He has previously worked in the Legal Department of Imperial Chemical Industries Ltd. He has served on the Committee of the Law Society' of England & Wales' Commerce and Industry Group, and was Chairman in 1977. He was a founder member of the European Company Lawyers' Association, of which he was President for three years.
Save 10% off this publication - order here.
Further information: Maryanne.cook@thorogoodpublishing.co.uk
Symposium
Champagne Reception - The Hub
Health & Safety Lawyers Association
A Scottish Branch Office of the Health & Safety Lawyers Association has been set up. The aims and objectives are to promote the development of health and safety law; further research, educate and train its members and promote the expertise of its members in dealing with issues of health and safety law. The Association includes not only practitioners but also academic lawyers. Iain Miller of Glasgow City Council has been nominated as the inhouse lawyer representative on the HSLA Committee.
Further information about HSLA can be found on www.hsla.org.uk.
SPECIALIST ACCREDITATION
The Society has introduced the following new areas of specialisation which will be of interest to inhouse lawyers. Normally an applicant will have held a practising certificate for seven years and be able to demonstrate significant experience in the relevant area of practice during each of the five years preceding the application.
Discrimination Law
Public Procurement
Mental Health Law
Incapacity and Mental Disability Law
The guidance notes and application forms can be obtained from Sharon McFarlane at the Society.
USEFUL SOURCES
Frasia Wright Associates Newsletters
As you know, FWA have sponsored our calendar of events for a number of years now. They produce regular newsletters for both clients and candidates as well as a salary guide.
The Law Society of Scotland Directory of Expert Witnesses
This comprehensive and reliable source of expert witnesses in Scotland, England, Wales and Northern Ireland is published jointly by The Law Society and W. Green. All Expert Witnesses on this site have provided two professional references from practising solicitors or advocates who have instructed them within the last three years.
International Law Office
Since 1998 the International Law Office (ILO) has been the leading online Legal Newsletter service provider. They wish to offer ILG members the opportunity to register for these free email updates.
ILO provides instant updates on only the subjects you request. Each Newsletter is delivered via email once a week whenever there is a new update online. The countries covered are included in the subject line of the email, making it very easy and efficient for you to use.
In order to provide you with a first-class service, the Legal Newsletters are written by more than 500 of the world's leading lawyers from more than 90 jurisdictions. Over 23,000 corporate counsel and law firm partners have already registered for the Legal Newsletters service.
Informa Launches i-law.com
Informa law is pleased to announce the launch of i-law.com, a new, integrated online service aimed at the legal sector. I-law.com brings together Informa Law’s market-leading titles into one online service with niche practice areas. The publications are cross referenced so that customers can search through a product or subject easily and efficiently, enabling them to reduce significantly the time spent researching a case.
As well as speeding up the research process, i-law.com also offers subscribers the ability to view the latest issue of a product online, email information to colleagues, and track their recent searches. It is also possible to allocate a reference number to searches, enabling law firms to charge back to their clients the time spent undertaking research on this service.
Visit I-law.com for more information or to sign up for a trial of the service.
If you would like any more information please contact Tara Babrah. Informa Professional, 30-32 Mortimer Street, London W1W 7RE.
LexisNexis Butterworths has recently relaunched its online services to offer
in-house counsel access to the most authoritative and comprehensive legal
and regulatory resources from one single source. It is designed entirely to
meet your needs including the ability to customise the service, keep track
of where you have been and where you want to go and save searches/set up
email alerts.
For more details contact Jeremy Shayler, your Scottish-based account manager for a no-obligation onsite demonstration.
LINEX
Linex is the online legal information exchange working with hundreds of the major law firms and organisations in the UK and abroad to provide lawyers with unparalleled access to personalised legal updates, reviews and bulletins to keep them abreast of all the latest legal developments. Over 10,000 lawyers in the UK are now accessing information on a weekly basis via Linex.
For further information on subscriptions and special offers please visit the website or contact rebecca.gebhardt@linexlegal.com or tel 0870 446 0844.
Legal Technology Insider
This is a quarterly newsletter for European corporate legal department managers focused on the business of law and managing a law department. The newsletter is sponsored by DataCert, but published by Legal Technology Insider. The aim is to focus attention on best practices, trends, news and issues with an eye on the use of technology inside the legal department. The intent of the newsletter is not to delve too deply into issues, trends, news and ideas but to highlight in a quick, easy to read format some of the landscape of the European corporate legal market and the technologies available to serve the market. The newsletter is free. LTI and DataCert are keen to refine the focus and the copy, so if you have thoughts on topics to be covered or changes which could improve the newsletter please relay these to jeff.hodge@datacert.com.
The In-House Lawyer magazine is a monthly publication which provides news and features covering developments in the law which impact on in-house lawyers and form a substantial part of the editorial content. Practical guidance and expert opinion are the backbone of the magazine.
The European Lawyer is a monthly journal which, through its cross-jurisdictional reference series, conferences and debates, offers a strong academic platform for the analysis of issues affecting policy, regulation and the practice of law throughout the world’s largest single market.
The Polluter Pays
Alice Whittaker of Philip Lee Solicitors in Cork has provided us with a Briefing Note which she produced for our colleagues in Ireland. This will be of interest to us all, as it relates to criminal and civil enforcement of environmentally damaging illegal dumps. See side panel for a copy.
EU Mediation Atlas
The EU Mediation Atlas is an essential reference source for all practitioners
involved in mediation, alternative dispute resolution and litigation in the UK, Europe
and internationally. It will also be of great interest to government agencies and
academic institutions and to anyone concerned with the development of effective
dispute resolution practice. The book compares the different approaches to mediation across EU Member States from a practical perspective and aims to assist lawyers and governments in dealing with jurisdictional differences.
It has been written by Jayne Singer of CMS Cameron McKenna and edited by Tim
Hardy, partner at CMS Cameron McKenna, Graham Massie, director of CEDR and Karl Mackie, Chief Executive of CEDR. For further details contact Karl Mackie
THE COMMITTEE WOULD LIKE TO WISH ALL MEMBERS A HAPPY CHRISTMAS AND A GOOD NEW YEAR
