Emma is a director in the public law and regulatory division at Burness Paull where a large part of her day-to-day practice focuses on advising the firm’s charity clients.
She advises charity clients on a whole range of charity law matters from legal structures within the sector, to constitutional amendments, structuring of group arrangements, corporate governance advice, advice in relation to commercial contracts and in relation to collaborative arrangements, including mergers and consortia. Emma regularly provides training to clients on a whole host of legal issues including director/ charity trustee duties.
Burness Paull is also proud to partner with SCVO, Scotland’s national membership organisation for the voluntary sector, and Development Trusts Association Scotland (DTAS) in supporting their pro-bono legal helplines which provide pro-bono legal support to members of each of SCVO and DTAS. Emma relishes her role in coordinating this offering.
Emma is also part of our firm’s renewables group and is regularly involved with the firm’s wider renewables team in providing advice focussed on community renewables projects. Emma considers that her experience of advising community based organisations, together with our firm’s wider energy and renewables experience, combine to provide this
In addition to her role within the firm’s charity practice, Emma also provides advice to a range of public sector clients including a large number of local authorities, as well as housing associations, enterprise agencies and government bodies.
Emma is ranked as a ‘star associate’ in Chambers legal directory and a ‘leading associate’ in Legal 500 legal directory.
Recent Legal 500 client testimonials comment that “Emma Maxwell has become an invaluable adviser to our organisation. We have required assistance on a number of niche and novel issues, and she has taken each in her stride.” (Legal 500, 2024) with Chambers & Partners noting that "Emma Maxwell provides detailed knowledge of the sector."
Emma is a very responsive lawyer who understands our charity's goals and ambitions.
Chambers UK, 2025
Emma Maxwell has become an invaluable adviser to our organisation. We have required assistance on a number of niche and novel issues, and she has taken each in her stride.
Legal 500, 2024
Related Insights
Scotland’s first Visitor Levy – How did we get here?
In the coming weeks, the City of Edinburgh Council (“CEC”) is set to introduce Scotland’s first Visitor Levy.
Charity complaints and freedom of information – How much does OSCR have to disclose?
The Scottish Information Commissioner recently decided that the OSCR had ‘generally’ complied with the FOISA when withholding information about a charity that was the subject of an ongoing inquiry.
Where does the burden of proof lie when appealing a regulatory decision?
The Court of Appeal recently ruled on an appeal by Doorstep Dispensaree Limited against a Monetary Penalty Notice from the ICO.
