'Your Young Lawyers Need You!' - The SYLA is looking for employment solicitors to join our list of advisors for young lawyers

The economic downturn has had many consequences for the legal profession and those who work in it. For the Scottish Young Lawyers' Association (SYLA), the most alarming consequence has been an increase in reports of mistreatment of young lawyers by some firms and organisations in Scotland. In 2009, the SYLA, in its representative capacity, led a campaign to highlight the fact that it is not legally possible to make a trainee redundant and can in fact lead to a claim for wrongful dismissal. This is due to the unique nature of the relationship between a trainee and the training firm. Trainees are not employees in the strictest sense, they are apprentices and as a result the rules regarding their employment and dismissal are different to other solicitors and employees. Unfortunately, this message does not appear to have got through to all employers in Scotland. We also hear of trainees working for free, having the terms of their contracts changed at short notice without consultation and having negligently low levels of supervision and support. After years of study, effort and expense, the disappointment and disillusionment felt by young lawyers who find themselves in these circumstances should not be underestimated.

Trainees who are experiencing difficulties with their training firms should contact Katie Wood, a manager in the Law Society Registrar's department and Secretary to the Admissions Committee (0131 476 8105), in the first instance for confidential advice and support.The Society has the power to intervene in training contracts and takes trainee abuse very seriously but is not able to offer legal advice. Unfortunately, many of the trainees who contact us are beyond the point where they feel the Law Society can assist and require the advice of an employment solicitor. 

In response to this demand, the SYLA have decided to launch a project to create a panel of solicitors specialising in employment law who will provide free initial advice to trainee solicitors and newly qualified solicitors up to 2 years qualified. The SYLA would like to take this opportunity to invite relevant solicitors and firms to be involved in this project. In the event that a trainee or NQ in need of employment advice contacts the SYLA, the list of solicitors on the panel in their area will be sent to them for them to decide who to contact. By being a member of the panel, a solicitor or firm will agree to provide initial advice to the SYLA member for free. If that advice is to lead to a claim, it will be for the SYLA member and the firm to agree the terms of how the claim will be financed -pro bono, legal aid, 'no win, no fee' or on a private basis.

Young lawyers are in a very vulnerable position. While the number of diploma graduates exceeds the number of traineeships - and the prospects for qualified jobs are not much better - a young lawyer may be deterred from defending their rights for a number of reasons: a sense that a bad traineeship is better than no traineeship or that making a complaint will make it hard for them to get employed elsewhere. This sense of helplessness is a shameful indictment of the profession. The SYLA hope that if young lawyers in need are given specialist advice by senior solicitors in the profession they will not only feel empowered to stand up for what they are entitled to, but they will feel supported by the profession which has so far let them down.

If you or your firm are interested in supporting the next generation of lawyers and being involved in this project, please email mail@syla.co.uk.

If you are an SYLA member in need of employment advice please contact us at mail@syla.co.uk and we will try to assist you to find a solicitor who can help. When we have solicitors signed up to the project, we will be able to pass on their details to you.