The Law Society of Scotland

Introduction

The Law Society of Scotland is the governing body for Scottish solicitors and was established by the Legal Aid & Solicitors (Scotland) Act in 1949. Its main aims are set out in the Solicitors (Scotland) Act 1980.

The role of the Society is to promote the interests of the solicitors’ profession in Scotland and the interests of the public in relation to the profession, and all practising solicitors in Scotland must be members of the Society and must hold a current Practising Certificate issued by the Society.

Unlike the Law Society of England and Wales (which is principally concerned with representation – its regulatory function being devolved to the Solicitors Regulation Authority), the Law Society of Scotland is primarily responsible both for regulation and representation.

The Standards of Conduct for Scottish Solicitors

The Standards of Conduct for Scottish Solicitors is based upon, and replaced, the previous Code of Conduct and came into force on 1 January 2009. In operates alongside the Standards of Service which came into force in September 2008.

The Solicitors (Scotland) (Standards Of Conduct) Practice Rules 2008, as they are fully entitled, are broken down into 15 sections and deal with:

• trust and personal integrity – solicitors must be trustworthy and honest and not behave in a way which is fraudulent or deceitful,
• independence – not allowing external influences or personal interests to impair the independence of their advice,
• client interests – solicitors must act in the best interest of clients, must not permit their own interests to influence their advice and must at all times do and be seen to do the best for clients,
• proper instructions – not accepting improper instructions (e.g. assisting in crime or fraud) and the right to turn down instructions provided that basis for doing so is not discriminatory,
• confidentiality - the duty to maintain client confidentiality,
• conflict of interests - not acting where there is a conflict between clients or a conflict between the solicitor and the client,
• disclosure of interest - informing client where the solicitor is consulted about a matter in which he or she has a personal interest,
• drafting a will - when a solicitor may accept instructions to draft a will with a provision in their own favour
• effective communication - a duty to communicate effectively with clients, including:
  • providing sufficient information so that informed decisions can be made by the client,
  • accounting to clients for funds
  • need for clear and comprehensive information
  • need to advise on significant developments in relation to their matter, and
  • informing clients when it is likely that costs will exceed estimates.
• competence, diligence and appropriate skills - requirement that solicitors only act in matters where they are competent to do so and only accept instructions which they have the capacity to carry out,
• professional fees - fees charged must fair and reasonable and clients must be advised of the solicitor’s hourly rate where appropriate,
• withdrawing from acting if instructions are accepted - duty not to cease acting without good cause or without giving reasonable notice or in a way prejudicial to justice.
• relations with courts - a series of requirements including:
  • not knowingly giving false information and maintaining respect and courtesy to the court
  • not doing or saying anything which could affect evidence or induce others to give untruthful evidence
  • where practicablegive wirnesses reasonable notice and treat them in court with courtesy and respect
  • so far as it does not prejudice the interests of their own clients, not to take unfair advantage of individuals representing themselves
• relations between solicitors - a series of requirements including:
  • to not knowingly mislead other solicitors, and
  • relating to communication with others believed or know to be the clients of other solicitors
• diversity - to not discriminate in either professional or managerial dealings

Further information can be found in the Standards Booklet produced by the Law Society of Scotland.

In addition to the Standard of Conduct, there is also a document entitled “Standards of Service”. This contains details of the standards to which solicitors are expected to adhere when providing their servicxe and covers issues such as:

General issues

“the solicitor must demonstrate the appropriate legal knowledge and skill to address the needs of the client” and that solicitors must recognise “that their professional obligations are not only to their clients, but to the courts, the legal profession and the public”.

Competence

Requires solicitors to know and apply the relevant law, keep up-to-date and ensure that those to whom work is delegated are properly trained and supervised,

Diligence

Solicitors must deliver on commitments, act in the best interests of each client, maintain and review systems of work and ensure prompt and transparent fee arrangements,

Communication

Requires that a solicitor

• uses clear language and explains matters from the perspective of the client,
• agrees the means and frequency of communication with the client,
• sends a letter of engagement clearly explaining and defining the service to be carried out, how that work will be carried out, who is responsible and the cost associated with the service
• informs the client how complaints will be handled in the event of dissatisfaction

Respect

A solicitor is expected to treat each person as an individual and to recognise diversity, different cultures and values

In addition to the Standards of Conduct and Service, Scottish solicitors are subject to a number of other provisions. Full details of these can be found on the Law Society of Scotland web site in the Advice Rule and Guidance section. Thos other rules include:

• Solicitors (Scotland) Accounts, Accounts Certificate, Professional Practice and Guarantee Fund Rules 2001
• The Scottish Solicitors’ Discipline Tribunal Procedure Rules 2008
• The Solicitors (Scotland)( Rights Of Audience In The Court Of Session, The House Of Lords And The Judicial Committee Of The Privy Council) Rules 2002, and
• Solicitors (Scotland) (Restriction on Association) Practice Rules 2004