Globalisation is the defining characteristic of the profession and must not be obstructed by protectionist impulses, which may re-emerge as the economy declines.

The theme for my year as President of the Law Society is ‘The Business of Law’. No solicitor today can see themselves as a solicitor and only a solicitor. We are now all business people and we must all be business-focused. The Law Society’s role in this regard has never been more important, whether that role be promoting our profession overseas, working to ensure the best regulatory environment or fighting to protect legal aid.

Opening of the Legal Year

This week sees the opening of the legal year, marking the start of Michaelmas, the first of the four court term dates. The festivities date back to the Middle Ages and have changed little over the years, with a grand ceremony at Westminster Abbey followed by a legal breakfast hosted by the Lord Chancellor and Secretary of State for Justice.

The opening of the legal year is a salient reminder of the demarcations between law and politics, and of the independence and integrity that define the legal profession. It is also a chance for the Law Society to throw open its doors to the legal world and celebrate not just a legal tradition, but the solicitors’ profession in England and Wales.

This week we have welcomed the leaders of every profession, from Ontario to Korea. This is an important opportunity to bring the world’s legal family closer together and to discuss and debate issues of mutual interest that are shaping the future of the profession. The globalisation of legal services remains controversial in a number of jurisdictions. My message to lawyers everywhere is that we must embrace the future. Our own economy is feeling the impact of global economic forces right now. But that is no argument for attempting to resile from the economic realities and take a protectionist stance.

London is the epicentre of the legal world, precisely because England and Wales is arguably the most open jurisdiction in the world. With one in ten of our lawyers working abroad, in 92 different countries, there can be no doubt that the global dimension to law is increasingly the defining characteristic of the profession in the first decade of the new millennium.

Today, the vast majority of members of our profession understand the benefits of working with partners overseas and realising the ‘think global, act local’ mantra. The challenge for the Law Society, and other organisations, is to ensure that we can continue to boast such an open jurisdiction. Any restrictions – be they regulatory changes such as changes to the Qualified Lawyers Transfer Test, or changes to the immigration rules, such as the new points-based systems – have the potential to do serious damage to our international standing. The Society must continue to win these arguments so that our profession does not lose out.

A more modern Law Society

Protecting, promoting and helping solicitors is at the heart of everything that the Law Society does. We cannot do this unless we are a modern, relevant and responsive organisation, and for this reason we are currently developing a range of proposals to change our structure to enhance what we offer to solicitors.

The aim is simple: to make it much easier for solicitors to access Law Society products, services and support through a new tailored service for different sectors of the profession. Opening up membership to non-solicitors will also generate new commercial income, helping to keep the PC fee as low as possible.

These proposals are currently at the development stage, although initial research with representative samples of the membership has been very positive, with strong support expressed. Final recommendations will be the subject of further consultation with the profession.

For any new model to be introduced in the future, however, amendments need to be made to the Law Society Charter. The charter changes were proposed by the Council of the Law Society and also received the support of more than two-thirds of those members present at a special general meeting in July. But 20 members at the meeting asked for the proposals to be put to the entire profession in a postal vote and we are required by our constitution to accept such a request. Accordingly, voting papers will arrive with all solicitors from 6 October, and I urge you to support Council’s proposals.

Legal Aid

It is fair to say shares in Jack Straw have fallen faster than the FTSE 100 following his intemperate and unhelpful remarks about legal aid. To claim that the cost has increased dramatically is patently false. The increase in the legal aid budget of £500m since Labour came to power equates to a rise of around 3% a year – a drop in real terms when inflation is taken into account.

If the secretary of state needs any confirmation he should speak to Jane Hickman, a commissioner at the Legal Services Commission, whose own firm announced it was ceasing legal aid only days before he made his remarks.

While we remain utterly opposed to the government’s cap on legal aid, until we can get them to see the error of their ways we have to work within that cap. The fact remains that it applies to everyone working in the legal aid sector. Good criminal defence relies on a team – from a good leader and junior to the best possible solicitors available. Any payment to the team has to be fair and truly reflect the contribution they make. If one part of the team is paid disproportionately, then the team will soon fall apart.

Paul Marsh is President of the Law Society.