Under starter's orders as new stables start the race

Published on Monday 23 April 2007 00:55

SOME of Scotland's leading QCs are today due to unveil two new chambers-style "stables" at the Faculty of Advocates. Axiom Advocates and Compass Chambers are the first new groups to emerge since stables were allowed to "devolve" from Faculty Services Ltd (FSL), the company that provides clerking and other support to counsel.

Axiom, which will specialise in commercial and administrative law, is being spearheaded by two of the Faculty's biggest fee-earners: former solicitor-general Paul Cullen QC and Richard Keen QC.

The second stable, Compass, which is led by Andrew Smith QC, will focus on reparation and regulatory issues.

While members will remain independent practitioners, in line with Faculty rules, both stables are expected to run their operations along similar lines to English chambers.

Significantly, Compass has already established an "informal" link with Crown Office Chambers in London, and it plans to strengthen this arrangement.

Keen says Axiom was set up partly in order to address the need for the Faculty to head off competition from barristers. "The reality is that in the area of commercial and administrative law, our major competitors are the English Bar," he says.

"What we are trying to do is up our game, if you like, in areas like competition law and procurement law. In these areas, people tend to go straight to London. People don't know where to go or who to go to and that is what we need to rectify."

Axiom will also seek to exploit opportunities beyond the Scottish and UK marketplace, Keen adds. "We are not just here to serve some small domestic Scottish market. We are a centre of excellence at the end of the day, and I regard us as the Vikings of the European legal profession - we should be out there competing for work from other jurisdictions whenever we can. We want to show that we can compete head to head."

The stable has recruited 29 advocates, including another six QCs: Heriot Currie, Iain Ferguson, David Johnston, James McNeil, Gerry Moynihan and Gordon Reid. Cullen says that as members have been "carefully selected" - not all applicants were successful - solicitors will be able to have confidence in the quality of the service.

"We are satisfied we have attracted a group of leading practitioners," he says. "We have selected our membership with considerable care, according to objective criteria and based on merit. We can offer a guarantee of quality."

Cullen adds that Axiom, which will take on two trainees, or devils, this summer, also hopes to attract the best young talent.

"The fact that we are going to be organised along more focused lines will attract talented young lawyers who want to practise in these areas."

While Axiom will not formally launch until June, Compass begins operation today, and its members include six QCs: Smith, Peter Gray, D I Mackay, Susan O'Brien, Lesley Shand and Mark Stewart.

"We have 27 members, all of whom are exceptionally capable and respected advocates," says Smith. "They have considerable combined experience, and range from very senior to relatively junior counsel.

"Susan O'Brien QC, currently chairman of FSL, is one of our members and the main proponent of devolved stables. We see it as a great vote of confidence in us that she has chosen to join us."

Smith adds that Compass aims to recognise the growing importance of cross-border cases in the UK. "We also recognise that much of the work we now do involves UK wide clients and legal issues, we have established an as-yet informal link with Crown Office Chambers in London.

"They are one of the largest common law sets in London, and it is hoped that we shall establish a reasonably formal connection with them in the near future.

"A number of our members are qualified to practise both north and south of the Border. These factors will provide our clients with an exceptional and possibly unique service. We can learn many lessons from our counterparts in England. If we are to improve legal services in Scotland, we must adapt to the demands of those clients."

The new stables represent the most significant changes since the devolved model was introduced earlier this year, prompted by the controversial decision of John Campbell QC and John Carruthers to break away from FSL and set up Oracle Chambers.

All but one of the stables has now chosen to devolve and take advantage of greater flexibility to arrange working practices. The sole exception is the Mackinnon Stable, whose members are all criminal practitioners. After the Flynn Stable dissolved on Friday, as most of its members have moved to Axiom, a total of ten stables now remain.

The Ferguson Stable has also announced a shake-up with the appointment of a new clerk, Alan Moffat, new membership and plans to re-brand in the next two months. Simon Di Rollo QC, its director, says it will remain a mixed practice, and doubts that there was sufficient business to justify specialist stables. "You are restricting your ability to adapt to future changes," he adds.

Di Rollo predicts the most important challenge for the Faculty will be to ensure it continues to attract the best talent in the future. "Advocates are at a disadvantage in the marketplace because we don't have access to the customers," he adds. "We have to be excellent, and if we are not, we will not survive."

Details of the new working arrangements and contact details are now being forwarded to solicitors. Susan O'Brien QC, chairwoman of FSL, adds that the changes are allowing stables to "take stock" and address the needs of solicitors and clients.

"Our solicitor colleagues will be better served in many ways, particularly through improved information technology. It has been a Herculean task to effect these organisational changes but we are making progress and I anticipate the people of Scotland will be better served by the Bar as a result."