Interview: Serena Sutherland brings island perspective to Law Society presidency

Interview: Serena Sutherland brings island perspective to Law Society presidency

Serena Sutherland

It’s a long way from Serena Sutherland’s office beside the harbour in Kirkwall to the Law Society of Scotland’s headquarters in the west end of Edinburgh (more than 200 miles by air) but that doesn’t deter the new president of the Law Society of Scotland.

Nor does it the professional body established in 1949 that represents 14,000 solicitors and is increasingly aware of the need to recognise its members’ diversity.

Ms Sutherland was formally appointed as the society’s latest president at the society’s council meeting on May 29 and will serve in the role for the 2026–2027 term. Her election marks another significant part in the evolution of the Scottish legal profession as the ninth woman to hold the office in the society’s history (and the Law Society’s 63rd president) and the first to be based as far north as Orkney.

The owner of d and h, a general practice law firm based in Kirkwall with a presence in Stromness, Thurso and Elgin, brings a perspective to the post that is distinct from larger urban practices and her election demonstrates the inclusivity of the Scottish legal community, highlighting that leadership can emerge from every part of the jurisdiction.

At a time when the profession faces significant challenges – from access to justice and regulatory reform to recruitment, retention and technological change – Ms Sutherland assumes office with a clear understanding of the pressures affecting solicitors across Scotland.

Many of these are the same addressed by her predecessor, Patricia Thom, who came originally from Yellowknife in Canada’s Northwest Territories to succeeded Susan Murray as president of the society last year, introducing a unique international perspective and breadth of experience, having been an in-house lawyer, a barrister, and also run her own high street practice.

These challenges include ongoing discussions on legal aid to effect action, investment and change with a focus on ensuring legal aid is a viable option for Scottish solicitors and that the most vulnerable members of society continue to have fair and equal access to justice.

There is also a continuing task to make sure that the hard work that resulted in the passing of the Regulation of Legal Services (Scotland) Act continues in delivering more robust consumer protections and a well-regulated and thriving Scottish legal sector.

During Ms Sutherland’s year as president she will be supported by new vice president, John Mulholland, who as former Law Society president for 2019-20 is the first person in its history to return for a second term as an office bearer. 

She has of course had a year’s experience as vice president to familiarise herself with the post, its challenges and opportunities for positive change.

Her progress into a legal career was not initially straightforward: after abandoning a philosophy degree in London and spending a gap year in Australia she worked her way up through what was then Drever & Heddle in Orkney through on-the-job training to become a solicitor, a partner in the business, and eventually the owner in 2016.

“My year as vice president of the Law Society has been both interesting and inspiring,” she says. “It’s been great working with Patricia and Susan and Patrica’s background is very similar to my own, coming from a high-street firm and from a family law legal aid background.”

Ms Sutherland was elected to council in 2018 as a representative for the constituency covering Dingwall, Dornoch, Elgin, Inverness, Kirkwall, Lerwick, Lochmaddy, Portree, Stornoway, Tain and Wick and has sat on the Law Society’s Legal Aid Committee and Complaints and Oversight Sub-Committee.

She is now looking forward to becoming more engaged with what the Law Society does on a day-to-day basis and, aged 42, hopes her youth will demonstrate that being president demonstrates that it is a role that can be taken on by a wide range of people at any stage in their careers.

“We have had presidents from all kinds of backgrounds, but we’ve certainly never had anyone before from the Northern Isles,” says Ms Sutherland, who has lived in Orkney since she was a child and has deeper family connections to the islands through her father.

These days, she adds, the relative remoteness of her location is significantly less of an obstacle. “The Law Society has adopted very modern working practices and are quite used to having meetings on Teams so I can easily get involved from wherever I am.

“I’m used to coming down to central Scotland every month when we have our council meetings, usually for a few days at a time because travelling from Orkney is expensive and we’re cost-conscious so I try to group meetings together over the year.

“I’m now anticipating being in Edinburgh as often as I’m required and that will probably be every other week, certainly in the busy periods.”

She says she’s lucky that her two co-directors are willing to step into the breach during her absences. “For example, I used to deal exclusively with family law and Florence Fisher, who is based in Thurso, has picked that up which has freed me to give the presidency the dedication it requires so I’m very fortunate in being able to juggle that role and my work in Orkney,” she says.

Her own firm, d and h, does not engage in criminal cases but is otherwise a full-service firm, with its work divided between conveyancing, private client and civil court work. As a solicitor, she has long had a special interest in family law, helping clients to resolve issues around separation and children in a positive manner.

She is also a legal member of the Mental Health Tribunal Scotland, created in 2005 to help make decisions on the compulsory care and treatment of people with mental disorders.

“We were already doing a lot of adults with incapacity work, applying for guardianships and running financial guardianships where people don’t have anyone else to do it for them. I thought that this would be an interesting and important extension of that,” she says.

Among the Law Society’s current concerns are the pressures facing smaller solicitor’s firms, including recruitment difficulties, competition from larger firms and succession issues. “That’s definitely an area that’s very close to my heart,” says Ms Sutherland. “We are a high street firm providing advice to local people and that’s something I intend to represent during my year as president.”

AI is currently high on the agenda for lawyers, and she stresses that she sees it as an opportunity rather than a challenge. “My firm is trying our best to find the kind of technology that works well for us and that will allow me to engage with my firm in Orkney, even while I’m in Edinburgh on Law Society business.

“There are ways that the Law Society can help people in this area when they need it, but it is also useful for the society to learn from what many lawyers are doing for themselves.”

Among her aims for the year is to increase the awareness the work that the Law Society council does, and how the society is run, particularly among high street practitioners. “I would like to highlight that regulation is a vital part of what the Law Society does, and that is important for us as Scottish solicitors to maintain our reputation.

“I’m also conscious that we are an organisation that exists for our members, so supporting and representing them is going to be my number one focus. We have recently appointed Jan Cutting as executive director of member experience and the society is keen to ensure we continue to provide services and support that offer real value to our members.”

Beyond all the hard work in the year ahead, she says that one perk of spending more time in Edinburgh will be the chance to indulge her interest in the cinema and theatre. “I also enjoy going to rugby matches, so that will be another advantage,” she laughs.

She will, she adds, enjoy the Law Society through engaging with the people she works with plus the opportunity to continue to learn and pass on her experience. “I enjoy change and while the pace of change and the demand for instant access to information now is certainly a challenge, I regard it as a positive thing.”

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