Presidential Year Plan, 2022-23

It is an absolute honour and a privilege

to become the 178th President of the Law Society of England and Wales.

I take office at a time when we have a new King and a new Prime Minister. It is a time of momentous change and a degree of uncertainty.

Our profession continues to face many challenges - the cost of living crisis is impacting on members and their businesses; political criticism of the profession has sought to damage the reputation of solicitors; rights that are in place to hold power to account are being eroded; the geo-political situation is precarious; and the economy is still dealing with the after effects of the pandemic with the additional pressures of the energy crisis and labour shortages.

Mental health and well-being are priorities for many who are changing the way they work and, whilst we are seeing increasing levels of diversity at entry level, these figures are not translating across into the senior levels of the profession or the judiciary. All this while many practitioners, particularly those dealing with legal aid work, are struggling to survive.

My role as President of the Law Society will be to help our members to navigate and thrive in this difficult landscape whilst also ensuring that the rule of law is upheld, legislative changes are carefully scrutinised and anyone, regardless of means, is able to access advice from a solicitor.

During my presidential year I intend to focus on 5 key areas:

1. A leading and influential voice on justice, the rule of law and the value of solicitors 2. Professional ethics 3. Business support – Listening to you 4. International promotion of the profession and jurisdiction 5. Diversity and progression within the profession and the judiciary

A leading and influential voice on justice, the rule of law and the value of solicitors

Our profession has protected people’s rights for nearly 200 years, upholding the rule of law while maintaining the highest possible standards. Yet we have been criticised unjustly for doing what the law allows us to do. Our profession is one of integrity. We act independently and in the best interests of our clients within the legal framework. We hold those in power to account because that is what our justice system is renowned for – a fair and democratic legal system that provides a level playing field for everyone. The Law Society is steadfast in its defence of the profession, and as President I intend to champion the role that solicitors play to ensure the rule of law is upheld and that there is access to justice for everyone regardless of their circumstances.

As President I intend to develop our understanding of the public’s perception towards the justice system and take steps to shift attitudes in favour of the rule of law. Law impacts almost every aspect of life, and solicitors are key to keeping communities and businesses going by upholding justice and fairness. Yet all too often the rule of law seems disconnected from peoples’ day to day lives, and the general public often do not consider the importance of it until they unexpectedly need legal advice. The justice system is an economic powerhouse, but its economic, social and cultural contribution is often undervalued. As President I will lead a project to reframe how we speak about the rule of law so that people better understand, and value, its fundamental contribution to our society. This ambitious work will take time but shifting the public narrative in this way will demonstrate clearly and plainly – to the person sat in a solicitors’ office and to the highest levels of decision-making – the vital importance of an effective justice system and the professionals that work within it.

I also plan to do public legal education during my presidential year – to talk directly to the public about justice and why it is important. I will raise the profile of solicitors, talk about the value that solicitors bring to society, to the economy, and generate public discussion and debate on why the rule of law is so important. We are in the middle of a cost of living crisis and at times like these, the public must be able to easily access legal advice, support and representation. Being active in this space will help the public understand their legal needs and raise the profile of solicitors and the Law Society.

Professional ethics

I have worked in the area of professional discipline and regulation for many years. Ethics is therefore a topic close to my heart. In my presidential year I want to open a wider discussion on the ethical challenges the profession faces.

Solicitors abide by strict principles and a code of conduct. Solicitors are expected to have integrity and be independent. They act in accordance with the laws

democratically set by Parliament. They also have a role to ensure that governments act lawfully. Solicitors act in the best interests of clients and their primary duty is always to the court.

Yet parts of the profession have been unfairly criticised in the past for representing their clients and just doing their job. These criticisms have got louder in recent years. They have led us to ask many questions such as - Who decides what is ethical? What does ethics mean in a modern world and how do we ensure all those who need legal advice can access it, no matter what they have done?

Solicitors are finding they must increasingly wrestle with environment, social and governance issues. Ethical issues are constantly evolving and public opinion is increasingly influencing the way we work and run our businesses.

In my presidential year I plan to launch a major focus on ethics in the profession to help members navigate this increasingly complex environment and to seek solutions to cope with the constantly changing narrative. This will be done through the use of roundtables, thought leadership events, articles and stimulating discussion across the membership.

Business support – Listening to you

I have always had a passion for promoting and supporting our members, our profession and the role of solicitors. This has been at the heart of all my work with the Law Society.

As President, I want to maintain a twoway conversation with the profession. I intend to continue to meet members across England and Wales, to continue listening to your concerns, your ideas and hear your feedback - whatever the size of your business, wherever you are based, whatever the stage of your career and whichever area of law you practise in. If it worries you, it worries us. If it concerns you as a solicitor, it concerns us. Our job is to make your professional life easier, to address your issues, to hear your views and support you as best we can.

I intend to hold a regular virtual “President’s Surgery”, open to all members. In addition to this, I will take “The Law Society Roadshow” to as many of our regions as possible to meet and speak to members face to face.

I strive to be a passionate voice for all our members, whether they work in private practice, in-house, in commerce, independently or in the public or voluntary sector. I plan to promote the profession and our jurisdiction as well as represent members views to key decision makers.

In my time as an officeholder at the Law Society, I have already had the pleasure of travelling across England and Wales, visiting members and local law societies and hearing first hand, the issues and concerns affecting them in their daily lives. While many of these have common themes, there are always local perspectives and regional differences. Some of these are particularly pronounced, such as legal aid deserts, which the Law Society has done much to shine a light on. I intend to continue to work with members on the ground, not only to understand their problems, but to campaign for change.

Differing perspectives are especially apparent in Wales. There is an ongoing debate on the future direction, shape and administration of justice in Wales in the wake of the recommendations of The Commission on Justice led by Lord Thomas. The Law Society is at the heart of those policy discussions through the valuable work of our Wales Office and Welsh members. I intend to continue to work closely with members in Wales and the soon to be established Law Society National Board for Wales to contribute to this work and the rapidly evolving discussion around the future of justice for Wales. The current cost of living crisis and the cost of doing business crisis affecting England and Wales is the most significant in a generation. The economic shockwaves rippling throughout our economy are placing further pressures on solicitors, their firms and their businesses - whether on the high street or in rural Wales or in the City of London. Concerns persist around Professional Indemnity Insurance, increasing worries for practitioners, amidst increasingly tough regulatory requirements on antimoney laundering and other issues. In my presidential year I intend to do all I can to support solicitors, their firms or their businesses to thrive despite these pressures. I will be a strong advocate on their behalf with governments and other stakeholders.

International promotion of the profession and jurisdiction

The legal system of England and Wales has a fantastic international reputation and is the jurisdiction of choice for much of the world’s legal business. English law continues to be a governing law of choice in international contracts. Other countries look to us for guidance and advice. They envy our legal framework because we are a legal profession that is independent, has integrity and is well regulated. Our judiciary is independent. Our legal professionals uphold the rule of law. We have processes and procedures to challenge our governments.

As President I plan to engage with overseas governments, international bars and international partners with a focus on exploring new international markets and opportunities for our members. The implementation of existing Free Trade Agreements (FTAs) in various countries is a priority so that the FTA provisions allow members to have better market access. This includes engaging with the Indian Bar and Indian stakeholders to finalise the UK-India FTA which allows solicitors in England and Wales to have a

commercial presence in India.

Monitoring the reforms in Saudi Arabia and the impact these may have on members will be another focus. Visits to the Middle East jurisdictions are needed to conduct trade negotiations with the Gulf Cooperation Council and discuss arbitration reforms in the United Arab Emirates.

We want members to take advantage of opportunities to grow their businesses beyond England and Wales.

The ongoing situation in Ukraine, the withdrawal from Afghanistan, and other crises worldwide have brought rights and the rule of law into sharp focus for the international legal community. The Law Society has played an active role in defending the rule of law worldwide in response to these crises and supporting lawyers at risk. As President, I will maintain the Law Society’s leadership role on these issues, including defending overseas lawyers at risk.

The UK is respected around the globe as a fierce defender of human rights – a reputation which has been developed over centuries of common law and international treaties which defend the interests of the individual against harm. As President I will challenge any proposals that remove the ability of UK citizens to enforce their human rights.

Diversity and progression within the profession and the judiciary

I will be the first Asian, the first Muslim and only the 7th female President of the Law Society of England and Wales in its almost 200-year history. I am a Northerner, originally from Bradford, and from a working-class background. Social mobility, diversity and social inclusion are very important to me. I strongly believe that anyone who has the capability and determination, regardless of their background and upbringing, must be able to join our profession and progress within it if they so wish. I want to better understand the barriers and explore the hurdles that firms and businesses are facing when trying to reach and promote diverse candidates. I will also focus on identifying the challenges those seeking to enter and progress in our profession are experiencing. Members must be supported to overcome such obstacles.

My presidential year will see the 100year anniversary of the first female solicitor being admitted to the Roll. This is in the same month that I celebrate 30 years of being a solicitor. I have seen real progress in diversity in the sector during that time, but there is still much to be done to achieve true gender parity in terms of pay and progression.

We also need to work on alternative career choices. We need to support members seeking to enter and progress to the senior ranks of the judiciary. I intend to work with the profession, our Solicitor Judges Network and other stakeholders to further open up the judiciary, improve the prospects of promotion within it, and make it more accessible for all our members.

As President, I plan to support our Welsh members who wish to practise primarily through the medium of Welsh, by ensuring that I work with the Wales office to promote a much greater understanding of the opportunities and responsibilities facing all organisations under the Welsh Language Act 1993.

And... As well as focusing on the above, there is the ongoing important work of the Society. We all know our justice system is broken. The availability of early legal advice is critical – it saves costs and time but is not available to most of those who need it. There has to be fair remuneration for legal aid practitioners and proper investment in the justice system. My focus remains on these areas.

I intend to push firmly for the UK government to look at civil legal aid. Many of the problems facing the criminal practitioner base are evident in civil legal aid – from low fees causing firms to question the viability of the practice area, geographical shortages and gaps in scope, threatening access to justice.

And whilst we will continue to protect the justice system where threats are greatest, we must also be proactive in setting out our own vision of what a 21st century justice system should look like. How can we use technology to improve access to justice without excluding vulnerable groups, so that public confidence in the system is maintained? Where can we change processes or systems to increase efficiency and improve people’s experiences of the justice system? These are questions that the Law Society must take a lead in answering, doing the work to develop bold and innovative policy proposals that will help shape the future of the justice system.

The courts backlog is a national shame - defendants, victims and witnesses face historic delays across the justice system. Solicitors are working quietly and tirelessly to ensure the timely administration of justice – but both the profession and the public need to see more support for the beleaguered justice system. During my presidential year, I intend to work with practitioners, the public and parliamentarians to press the UK government to do more to address this crisis.

Conclusion

This is an ambitious agenda, but together with colleagues from within and beyond the Law Society I am determined to shift the dial over the coming year. For nearly 200 years the Law Society of England and Wales has been a strong defender of the justice sector, the rule of law and an active campaigner for access to justice for all. I am ready to play my part in ensuring that continues.

Lubna Shuja

President, 2022-23