We are excited to share our second Spotlight, Iain Burke, Owner of Burke Legal, who spoke to the WS Society about his extensive and impressive legal career as well has his work in mental health.
What/who made you consider law as a career?
It was a happy accident. Coming up to sitting my Highers at the age of 16/17 I had no real idea what I wanted to do and my guidance teacher suggested I look at law. The idea of getting paid to argue and debate with people appealed to me a great deal so a career as a litigation lawyer was born.
What attracted you to work in employment and family law?
I have always enjoyed being a litigation practitioner and the favourite part of my job is still standing up in court or a tribunal and representing my clients. I have always been committed to advocating on behalf of people who are perhaps not as comfortable or able to do so for themselves, particularly in situation of extreme personal difficulty for them.
“I have always been committed to advocating on behalf of people who are perhaps not as comfortable or able to do so for themselves, particularly in situation of extreme personal difficulty for them.”
I have been in a High Street law firm my whole career as a trainee, assistant and for the last 28 years, self employed as a partner and now sole practitioner. You have to be willing to be flexible in such a practice given the variety of work that comes in the door. Because I enjoyed being in court and wanting to represent people who might struggle to do so themselves, I naturally took on the criminal and family work. I did some employment law during my traineeship (in the Industrial Tribunal as it was then) and always had an interest in it as another area of litigation work. Over time I realised that there was a significant unmet need for employment law advice in the Borders and this lead to my firm deciding it was an area we should look at, particularly in the wake of the financial/property crash in 2009/2010 which had a huge impact on the chamber side of our practice.
In 2012 we started offering employment law services and in 2013 I met Malcolm Mackay, WS, who was at the time setting up a new network of employment lawyers, which I then joined. He has been a fantastic support and mentor since then and this has allowed me to really focus on employment law as a core business which makes it accessible to individuals and particularly small local businesses.
Family relationships and employment relationships are the most significant relationships we have but unfortunately, both can be subject to pressure and break down. As a sole practitioner for the last three years, I have focussed my business on these core areas so that I can provide the best service possible. Helping people and businesses resolve issues that arise to achieve a satisfactory outcome continues to be a source of real satisfaction in my work.
Please tell us about your 25 years+ as a Mental Health practitioner and over 15 years as a Convener of the Mental Health Tribunal for Scotland.
When I first arrived in the Borders from Glasgow (in 1992), the local Sheriff Clerk asked me if I would be interested in taking on an appointment as a Curator ad Litem to patients under the 1984 Act as there was only one other local solicitor who would do it. I continued as a Curator until the 2003 Act changed the process, setting up the Mental Health Tribunal for Scotland to deal with applications for orders in respect of patients. I then began representing patients at the Tribunal and then in 2007 was appointed as a Legal Member of the Tribunal. I now sit on the Tribunal along with two other members, a Medical Member and a General Member, and we determine applications that come before the Tribunal. I really enjoy the work and sitting with the other members has given me a much more in depth knowledge of the non-legal aspects of mental health care and treatment. It is serious work because ultimately the Tribunal can deprive someone of their liberty and that is something that has to be treated seriously.
How did you first come to hear about the WS Society and what made you want to become a member?
I have certainly known of the WS Society for many years but did not understand how one became a member or whether in fact I could. Malcolm Mackay introduced me to the Society more ‘intimately’, initially by hosting the meetings for United Employment Lawyers at the Signet Library. I then attended some seminars there and got to know some of the members and staff. I enquired about membership and was delighted to find out that I could join. My reasons for joining are a combination of simply being attracted to the history and tradition of the Society, the focus on it being a force for learning and education, the support I get from the resources available and the benefit of networking with my legal peers from all arears of professional practice.
In what way has the WS Society played a role in your career?
I get a lot of benefit from the seminars I have attended and also the research facility which is available and from which I can access case reports and legal writings. It has also given me great opportunities to meet varied and interesting people and expand my network of connections. It provides a connection to firms and practitioners all over the country and it is amazing how that shared membership can allow an easy opening to conversations with people I haven’t met before.
What would you say to any lawyer considering WS membership?
Becoming a member of the WS Society is an opportunity to join a Society with huge historical significance that upholds the best traditions of our profession but does so in a positive and forward thinking manner. The opportunities for professional development and learning through the high quality seminars and resources available are, in my view, fantastic. You will also have access to one of the most fabulous buildings in the country and meet a group of people who are welcoming to all and committed to the benefits the Society offers to the legal community and beyond. And the social occasions are not to be missed!
If you would like to feature in a future Member Spotlight please contact Sarah Leask, Director, Engagement and Membership (sleask@wssociety.co.uk).