making a difference for those in low pay or living in poverty contentious & novel case work law reform & legal education opportunities job satisfaction

Like to thank Strathclyde University for inviting me to address you today.

In terms of careers advice working in a law centre might provide you with more options than you’d imagine.

For example, some of my colleagues who spent many years as law centres solicitors are now pursing successful careers at the Bar & the Scottish Executive, another is the Head of Legal Services for the Scottish Disability Rights Commission, many are doing very well in private practice – while one is not practising law at all and has responsibility for the social inclusion partnerships in Glasgow.

So I think it’s important to realise that working in a law centre doesn’t mean your legal skills will be so specialised that options for career development could be limited.

On the contrary I believe that a traineeship within a law centre can provide a very robust grounding in civil court work and litigation.

I’d like to talk then a little about the kind of work that Govan Law Centre does.

• First and foremost we are about casework and representation in the courts & tribunals. Most of our time is spent meeting clients and resolving legal problems. The bulk of our work revolves around defending eviction actions, preventing mortgage repossessions, disrepair and compensation claims, education law, employment & discrimination law, defending debt cases, social security appeals, and judicial review in the Court of Session.

• That said, you may be surprised to learn that we also get involved in company law – we assist Glasgow charities to incorporate; commercial leases for charities; and planning appeals – where we attempt to protect local community interests.

• There are huge opportunities for litigation experience in a law centre, often because we get involved in contentious or ‘experimental’ litigation. For example, we challenged the practice across Scotland of homeless people living in hostels getting evicted in the middle of the night. After six days of legal debate & an appeal to the Inner House, we reaffirmed the right to reasonable notice. We have also been vigorous in attempting to use environmental health legislation to force landlords to carry out major repairs. So we are always looking for novel ways to use the law to benefit the most disadvantaged members of society.

• Law centres have a major training, educational and campaigning role – which is the type of work you would be less likely to access anywhere else as a lawyer. One of Glasgow law centres most successful campaigns led to the introduction of the Mortgage Rights (Scotland) Act 2001 – until that act unless debtors could clear all of their arrears they had no defence in law and simply got repossessed.

• When law centres identify a problem area within the law or society generally we try and do something about it. That is why Govan Law Centre has been closely involved in drafting many Private Members Bills in the Scottish Parliament. We drafted the successful Abolition of Poindings & Warrant Sales Bill, and the less successful Free School Meals Bill. Yesterday we were in the Scottish Parliament as legal advisors to see the pro-health Breastfeeding etc. (Scotland) Bill pass its final stage to becoming law. We have also drafted legislation at Westminster. The UK Prevention of Homelessness Bill seeks to give courts the power to waive excessive bank charges and legal expenses, vary interest rates and enable the Secretary of State for Works and Pensions to make earlier help with housing cost payments in order to prevent homelessness. So there very interesting opportunities to get involved in the legislative and policy process within law centres.

• When there was an increase in the number of law centres in Scotland in the early 1990’s there was initially an uneasiness within the legal profession – some private practitioners thought the Government might like to set up dozens of law centres to the detriment of the legal aid scheme; or that subsidised law centres would under cut private practice. I am glad to say those days are well and truly gone, and law centres have settled in as an important and valued part of the Scottish legal profession. Law centres work very well with private practitioners and indeed the voluntary advice network. A recent example of joint work is our work with reparation lawyers to oppose the Scottish Consumer Council’s moves to increase the civil court small claims limit to £5,000 and the summary cause limit to £15,000 – such proposals would reduce access to civil legal aid, and access to justice for the poor & low paid in Scotland.

• Law centres are of course very different to private practice. Although I am running a legal practice with five solicitors, I am accountable to a Board of Trustees – made up from ordinary people from Govan. The trustees have no involvement in casework, but they set the priorities for what we do at Govan Law Centre, and in so doing ensure that we respond to local need. For example, we recently targeted 12 local high rise flats where we know living conditions are not reasonably fit for human habitation. The landlord has refused to do any major repairs as it might demolish these multis within the next 10 years. Yet the law says people have the right to a warm and dry home so because of our community controlled structure we can respond and tackle needs in Glasgow in a strategic way. We have also represented the local community council at planning inquiries (and in the Scottish Parliament) and we value our close links with our local community.

• In conclusion then, a law centre traineeship would be provide an excellent grounding in court & tribunal skills – and these important skills are transferable to any area of the law. In addition to traditional practitioner skills law centres can also offer the opportunity to undertake a very wide range of legal work.

Mike Dailly
Govan Law Centre
Glasgow
18 November 2004