Constituency Boundaries

WESTMINSTER & HOLBORN LAW SOCIETY

Constituency Boundaries

We are about to have a profession wide ballot on reforms to the representational structure of our governing Council.

On 10th November, our Committee will be asked to recommend to all our members that they support the reform proposals. Fraser Whitehead a member of Council and a campaigner for reform sets out the case for reform. The Law Society Council consists of 97 members who are the voice of the profession on all representation matters, on law reform, on public interest issues such as the rule of law, who decide all major policy and oversee all other governance activities.

The reforms will

■ Make Council more representative of today’s profession

■ Ensure the voices of important parts of the profession are sufficiently heard

■ Provide that all Council members are subject to open and transparent election

■ Encourage greater collaborative engagement between Council, members, and solicitor organisations

The reforms were recently supported by substantial majorities of Council and the members Annual General Meeting.

Why change the representational structure?

1. Council was last reformed 20 years ago. Much of the current structure pre-dates that. The profession has changed significantly since then and the rate of change continues.

2. For the last three years a Council committee has undertaken a major review, consulting extensively within the profession, and has undertaken an in-depth review of all available data on our makeup and showing the key indicators of future direction. It found that important and growing segments of today’s profession were not fairly represented, and the current structure of Council could not be said to represent the full voice of the profession: –

– Women solicitors represent 52% of the profession but are only 39 % of Council.

– In-House solicitors are 23% with 14% working in commerce but are 9% of Council with 3% from commerce.

– Under 20 years PQE solicitors totalling 104,109 are 70% of the profession but are 24% of Council.

– Solicitors under 10 years PQE number 57,316 (39%) but are 10% of Council.

– Solicitors under 6 years PQE (29,650 and 15%) are represented by 6% of Council.

– Solicitors working in major corporate firms and in business law exceed 50% of the profession but are approximately 15% of Council.

Representation for the underrepresented

1. Council comprises geographical, work-practice, and characteristic seats. The data showed the level of disproportionate representation is mainly in the geographical seats. Many solicitors now first identify with their areas of practice.

2. To ensure Council remains effective it cannot be enlarged, so the proposals reduce geographical seats from 61 to 46 by condensing London constituencies and making other adjustments to make the spread of representatives fairer.

3. This creates seats for the underrepresented without impacting geographical coverage. Local and regional law societies are not impeded in their current functions by the proposals.

4. The reduction is balanced with additional seats for women, for solicitors in the earlier stages of their careers, and for solicitors from ethnic minorities. There will be more seats for in-house solicitors, and solicitors practising business law and for those working in major corporates. There are now seats for family law practitioners and those working in small firms.

5. The proposals end the practice of allowing self-supporting external bodies, some with non-solicitor members, to nominate to Council seats, replacing them with solicitor only elected constituencies and largely exclude multi representation in work- practice areas where a single voice will be as effective

An open transparent secure election process for all Council members

1. The proposals introduce important changes ensuring that all Council members are democratically elected and accountable. At present some 16% of Council seats are filled by closed selection and appointment, in some cases by external bodies.

2. In a substantial improvement to the current system most members will be able to vote in one geographical and in one work-practice seat, with characteristic members having additional votes in those seats. A proper electoral registration system will deliver fair results, and voting will be electronic.

Better engagement between solicitors, The Law Society, and solicitor organisations

By enhancing the representation of work-practice sector seats and those reserved for characteristics, we will achieve an important re-balancing. The proposals for geographical seats ensure there is at least one active local law society in each constituency. All other proposed seats are identified with at least one Society recognised section, division, committee, or group.

Limiting Council members to 12 year terms of office

Currently terms of office are unlimited, and a significant number serve longer than this, some have been on Council over 20 years. Good governance recommends 12 years as sufficient period encouraging regular fresh thinking and avoiding entrenched groupings.

Please support the proposals approved by Council and the AGM for a Council representative of today’s profession. ■

Fraser Whitehead – Council Member