Constitution
6 August
The Council of the Society has decided to consider further the proposed revisions to its constitution and standing orders. The original aim was to bring the constitution before the Society’s SGM in September. However, the consultation responses raised a number of issues which the Council believed that more time should be given to resolving them. The intention is to continue to work on the constitution with the assistance of members and bring it before a general meeting in 2011.
As part of wider governance reform undertaken by the Society’s Council since 2007, the Society was keen to make progress with a revised constitution. Several respondents suggested that it would be preferable to wait until more details of the Legal Service Bill were known. Given that the Stage 3 debate is now likely to occur around October, it is sensible to hold off any further redrafting until the debate is finished.
Although there was a fairly low level of response (28) from individuals and groups (perhaps representing a fifth of the profession), the feedback that we received was useful and much appreciated. While some of the constitutional elements seemed to be acceptable or were little commented, members did comment on a number of key areas some of which the Society had raised (eg increasing the number of signatories required to bring a motion to a general meeting), so it was useful to get feedback on those issues.
In general the main areas that were commented on were -
• The proposal to have 20% of Council made up of non solicitors
• The size of Council increasing from the current number of 52 to 60 members
• Council retaining the power to make standing orders
• The further development of the regulatory committee
• The number of members’ signatures required to bring Motions to general meetings, request meetings and referendums
• Motions being binding on Council
• The timing of proposed changes
Additional comments were also made on the recent governance changes at the Society
The Society remains committed to improving/modernising the constitution as part of the wider changes to governance to modernise the Society and also to enable the Society to be an LP regulator in the future.
We will continue to keep the profession informed of progress through the Journal, the bulletin and the website.
The full responses can be found on the right.
26 July 2010
We are aware that due to technical problems with our email system, some responses submitted on Friday 23 July, did not reach the Society. Our IT support will be contacting those whose emails went missing and asking them to resubmit them. All responses will be considered.
Update - July 2010
Thank you to all members who have taken the time to respond to the Society’s draft constitution and standing orders. The more feedback we receive the better the final draft will be and we would encourage other members to offer their views. The consultation closes on the 23 July.
The Society’s draft constitution is designed to enable the Society to represent and support its members more effectively and is a key part of a review of the Society’s governance, which began in 2007.
The revised constitution needs to reflect best practice, allowing flexibility to respond to the changing needs our members. It will clarify the composition of the Society’s Council, Board and committees as well as membership criteria.
The events of the last six months - with two Special General Meetings and two referenda - have put the Society’s procedures and constitutional make-up into sharp focus and have informed some of the proposed changes. This reflects feedback from members after the most recent AGM which encouraged the management of general meetings and better use of technology.
Members involvement with their Society is critical to its success and the final constitution must ensure engagement alongside efficient working practices.
We need members’ help to ensure that the constitution and standing orders will work for members in the future while ensuring that the Society’s processes are cost effective and efficient.
Consultation Launch - June 2010
The Society is asking members for their views on a revised constitution and its standing orders. The constitution is being updated as part of a review and modernisation of the Society’s procedures to enable the Society to better represent and support its members. They will allow the Society to adapt to changing conditions in the future, without having to resort to further legislative change. Changes to the constitution will also ensure that the Society is well placed to become a regulator of those wishing to adopt alternative business structures as defined by the Legal Services (Scotland) Bill once passed.
The consultation closes on 23 July, though it would be extremely helpful to have members’ views before that date. A revised paper will be brought to the Society’s Council on 6 August with the aim of a bringing the revised constitution to the September SGM for members’ approval.
On the right you will find the draft constitution, standing orders and transitional provisions. Please also see a letter from the president, Jamie Millar outlining some of the key issues.
Last year, the Society began the process of updating its constitution by asking for members’ views on the composition of Council. Some common questions emerged and some background information is available on the right.
Comments on any part of the constitution or standing orders may be made directly to constitution@lawscot.org.uk or to any member of Council. Alternatively, Society staff would be happy to talk with any firms or groups about the proposed constitution. Please use the email address to contact us.
