The Firm is accused of many things and being too central-belt biased is one accusation that we blew out of the water last month when we sent one of our intrepid reporters to a place called Inverness, which is somewhere in the north of Scotland. And would you believe that While there he even managed to speak to a local sheriff and a number of law firms and find out what exactly goes on in this strange place (they call Inverness.)

Tourists visiting Inverness Castle are usually disappointed to find contained within, not a chronicle of the city’s ancient history, but a busy working Sheriff Court. Perched on a promontory overlooking the river in the heart of Scotland’s newest city, it is perhaps the most picturesque of places where you will find justice administered. And it is not just the splendour of the location which is unique to Inverness, the informal capital of the highlands. Sheriff Derek Pyle, who presides in the court took time out ahead of a busy morning schedule to explain to The Firm a little about the particular dynamic of the central highland legal landscape, where working practices are distinct from what would be recognizable to central belt practitioners. There is no knife culture, for instance, and there hasn’t been a housebreaking trial in the last two and a half years. In fact, he rarely has cause to impose a custodial sentence at all.
The court precinct is busy, shortly before 10am, but not oppressive. Sheriff Pyle himself can be seen strolling around in the public areas. Whilst he says the court does deal with matters that have a more rural flavour, and the atmosphere is generally more convivial, justice itself is as professionally administered as it would be elsewhere.
“The standard of practitioners in Inverness and the Highlands generally is as high as I experienced in the Sheriff Courts in the Central Belt before deciding to seek a transfer North. It might surprise many solicitors from Edinburgh and Glasgow to see the quality of some of the commercial legal work here.”
“In the nine months since the inception of the Highland Commercial Court, Sheriff MacFadyen and I have dealt with over 20 commercial actions, many of them being brought by practitioners from the large corporate firms in Edinburgh and Glasgow. Indeed, in one action the value of the claim is over £1.75 million, which would be a substantial action even in the Court of Session Commercial Court. It may be relevant for Lord Gill’s review to note that practitioners appear willing to use local courts in commercial disputes provided they know that the procedures are user friendly and that the sheriffs have the relevant experience of commercial law.”
A trawl through the White Book gives a hint of the city’s character. Crofting law is a local specialism, but Central Belt commercial firms such as Ledingham Chalmers and Harper Macleod have presences here too. A thriving local economy has seen a housing and construction boom. The elevation of the Eden Court theatre and the formation of the University of the Highlands and Islands have combined to add new strands to what is acknowledged to be among the fastest growing towns in Europe.
Joyce Simpson, partner in the family law practice of Jack Gowans and Marc Dickson, moved to the area fifteen years ago, and has observed the rate of the city’s transformation in that time.
“Inverness now of course has city status, and has developed a great deal during my time here,” she says. “Initially I was offered a traineeship thinking I would stay for my two years and then return to the central belt, however the quality of work and the access to the outdoors encouraged me to stay and I would not now consider working or residing elsewhere.”
She agrees that the smaller city geography and the limited number of practitioners aids to creating a conducive working environment, retaining the best aspects of central belt practice.
“I do not believe that the quality, volume or range of work will substantially differ from any central belt firm of a similar size. However, as you are likely to know the solicitor on the opposing side of your case whether at court or in negotiating settlements this plays an important part in the quality of your working environment and invariably works in your clients best interests.”
The area’s largest indigenous practice, Macleod and MacAllum, have built their success on the formula. However partner Douglas Graham observes that as the city has developed, the legal fraternity has evolved to keep pace. Whilst the notion of the stable ‘country practice’ is quaint and attractive, it does not reflect the modern reality, as Inverness firms have become developed specialist niches - the preferred model for commercial success.
“Traditionally, when you were based here you were a general practitioner, dealing with a whole range of things. Now because of the volume of business and the client requirements you are having to specialise. Therefore the general practitioner who does everything that comes across their doorstep is probably a thing of the past,” he says.
“You could go round the practices in town here and find specialists in every area. What difference is that from working in the central belt?”
Despite the atmosphere of professional prestige, there are remnants of small town sensibility evident in the Invernesian working life, says Graham.
“You are still in there batting for your client, but I get the impression in my dealings with Central Belt agents that there isn’t quite so much old fashioned courtesy there. In my experience that is pretty shortsighted. There will come a time when it will be in your clients’ interests to be able to rely on that cordial relationship. It is not an improper relationship with another agent, but it will enable you to get things done, and get that agent going the extra mile. There are still enough people around who recognize that and feel it is a positive thing about practicing in this part of the world.”
It is a very short walk along the Ness from Graham’s office to the restaurant where we talk. It seems clear anecdotally, from him and other practitioners in the area, that working life North of the Great Glen is of a character that seems to balance the variety of big city practice, with the familiarity of a smaller circle of acquaintance. That does have potential drawbacks, says Graham, dependent upon the ambitions of the individual.
“In terms of work type, if you want to do major PFI type projects, then the number of those going on in this part of the world , and the potential to become involved in them is limited. The overall size of operations may be regarded as a downside,” he says.
“Here, you may be part of a team of four or six people working, whereas in bigger firm you may be part of a team of 20, but that can be a positive, depending on the individual, and do they want to be part of a major set up and have career progression through that. Or does their personality mean they prefer to be part of a smaller outfit and a smaller team?”
That, he argues, can equally act to your advantage. “One of the plus sides of practicing up here is that, in terms of the size of firms you work with, you are more of a player in that firm. Your ability to contribute and your ability to control is greater. This term ‘provincial’ might tend to imply that we are not serious about things. We are very serious about things. It is not as if we are a backwater. The legal firms are holding their own in terms of their dealings with other firms and the types of work they are doing, and the service they are providing for their clients.”
Outside the city centre, in a modern retail unit adjacent to Raigmore hospital, Ledingham Chalmers has opened a branch office, a testament to the character of the legal work which is now undertaken.
Kirk Tudhope of Ledingham Chalmers points out that the local legal community has become organic, allowing him to staff his office with capable indigenous solicitors, rather than importing staff from the Central Belt hub.
“For a while, the office was mainly imported. We didn’t have any indigenous highlanders. In ten years Inverness has developed. We didn’t have a major shopping centre or a Premier League football club. All of that makes you more part of Scotland and gets you more noticed. We didn’t have Starbucks when I came here,” he says.
“There is a trend for people from the Highlands going down to the Central Belt, cutting their teeth and getting a couple of years’ good experience under their belt and coming back up here. We have local people with good central belt experience.”
“You do not have just specialist, niche lawyers. When people look at their careers, they might look at the big population centre in Glasgow, Edinburgh or Aberdeen and assume that if you want to do quality work, those are the only places to be. I don’t think that is the case. You can come here and get a very good all round commercial caseload. You will not be doing less work here than you would be in the Central Belt.”
One thing you are unlikely to experience working in the Central Belt, is the sight of a seal or an osprey on your way to the office, which is something advocate Duncan Henderson, whose home is adjacent to the banks of the Ness, sees from time to time on his stroll to the court.
He seems comfortably at ease with his lifestyle, the culture of the local criminal bar, and the atmosphere of the unique court itself.
“I have seen many Scottish Courts, and it has one of the nicest atmospheres. It is a Victorian building, specifically designed as a court chamber. The acoustics are very good in it. I love it.”
Do you, honestly, ever say that about your place of work?
“We are a big enough bar, having enough serious work that we can avoid becoming too countrified. At the same time, we are a small enough bar that we have to run along together,” he adds.
“We are all in the same boat, and can all choose whether we paddle it forward, or allow it to capsize by fighting each other. If I have a bad day with the fiscal, I have to remember that I am going to meet that fiscal in court in the very near future, whereas in Glasgow you may never meet that fiscal again for long periods of time. Because Inverness is smaller, both sides tend to swallow the personal side.”
The criminal bar associations of both Edinburgh and Glasgow have a chronic long term problem recruiting new entrants to the profession, due to the adjustment of legal aid, and the real term cuts in remuneration, an issue that is no less acute in Inverness. Henderson’s joyous appraisal of Highland working life is tainted with a note of caution regarding the impact of the civil legal aid regime on Highland practicing life.
“With the continual mucking around of legal aid, our criminal bar is getting older. Five years ago our youngest member was 31. He is now 36, and still the youngest member. In 15 years time, what is going to be left?” he asks.
“There is a problem getting young people up here. Most train in the Central Belt or Aberdeen, and it can be difficult to get them to move. I have serious questions as to whether there will be a younger generation. There is very little entry to the profession. I find it difficult to be optimistic about the future.”