Sources of Information
Codes
*The Code of Conduct for Scottish Solicitors
The CCBE Code for Cross-border transactions in EU and “observer” countries
The IBA Code for international transactions
The voluntary Criminal Code
The Code for Legal Aid Work
*Note: the Law Society has made some changes to the Code-use text as printed
in booklet issued in January 2000
See also Guidance note re precognitions in Journal of February 1999
Annual Report of Law Society of Scotland
Annual Report of The Discipline Tribunal
Annual Report of the Ombudsman for Legal Services
Green’s Compendium and Parliament House Book
JLSS and Council Report
SLT reports
Guidelines issued by Law Society –usually in Compendium
Conflicts of Interest
Solicitors (Scotland) Practice Rules 1986 (PH Book p.F703) watch Rule 5
Code of Conduct – Para.3
CCBE Code –Art.3
Worth v Worth (1993) GWD-40-266
Acting for separated spouses in the sale of the matrimonial home
guidelines of February 1994 (Appendix XVIII – Webster)
up-dated in JLSS vol 43 July 1998 p.43
Conflict in commercial security Transactions – guidelines of March 1994
(Appendix XVIII –
Webster); where other party unrepresented-Rule 7
JLSS vol.43 May 1998 p.9
Advice to partnerships-see JLSS vol.42 June 1997 “Caveat”
section p.247
Confidentiality
Code of Conduct Para. 4 and CCBE Code of Conduct
CCBE Code of Conduct – Arts. 2 and 5
Waugh v British Railways Board (1979) 2 All ER 1169 (HL)
Henderson Begg pp 321 and 340
Micosta v Shetlands Islands Council 1983 SLT 483
AM & S Europe Ltd v Commission [1982] ECR 1575
Note provision for confidentiality in new Competition Act 1998
Mandates
Council Report, May 1991 and – see “Ruling on Assistants”, Council
Report of December 1991 and republished (1995) 40 JLSS p.207).
Up-dated guidelines-JLSS vol.43 No 5 May 1998 at pages 46-48
Form of legal aid mandate given – ref. to article 7 of the Code of Conduct
for legal aid work
Mandates in executries: JLSS vol. 43 July 1998 p.42
Ownership of Files
Appendices XV and XVI of Webster and copies of the opinion of CK Davidson Q.C.
can be obtained from the Professional Practice Committee of the Law Society
Destruction of files – (1990) JLSS (May) p.206 article
Medical Records – how long to retain? – JLSS vol. 43 July 1998 p.42
Precognitions in Criminal Cases not deliverable to client
– Swift v Bannigan 1991 SCLR, p.604.
MNPs and MDPs
1991 Rules – Solicitors (Scotland) (Multi-Disciplinary Practices) Rules
Way open for MNPs in the Law Reform (Miscellaneous Provisions) (Scotland) Act
1990 for MDPs but no SI or Rules so far-in principle Society is for MNPs –under
discussion with Scottish Office, Note: Section 27 of Solicitor’s
(Scotland) Act 1980 which prevented fee-sharing with unqualified persons has
been repealed as from March 1993 and replaced by provisions in Solicitors (Scotland)
Practice Rules 1991 which exclude other lawyers from the definition of “unqualified
persons”.
Discussion paper before Law Society AGM of April 2000 and report on follow-up
in Journal July 2000.
Signature of Missives by Partners
1991 JLSS, February p.73 –article “Who Signs For the Firm?”
SETTLEMENT CHEQUES TO BE HELD AS UNDELIVERED PENDING CONFIRMATION OF CLEARED
FUNDS
1992 JLSS, August p.323/4 repeated 1994
up-date JLSS vol. 43 No.10 October 1998 p.47
Letters of Obligation
Johnston v Little 1960 SLT 129 (1973) 18 JLSS 121
Digby Brown & Co. v Lyall 1995 SCLR 572 (Notes); 1995 SLT 932
(OH)
Littlejohn v Mackay 1974 SLT (Sh.Ct) 82; (1991) 36 JLSS 450
Style issued by Law Society- letter from Secretary 30/1/95
Closing Dates and Notes of Interest
Letter dated 11.9.91 from the President and
guidelines of August 1991 (Appendix XVIII – Webster)
Revised guidelines – JLSS vol. 43 June 1998 p.43, but see correction in
October 1998 Journal at page 47 and latest revised version in Journal of February
1999 at page 42
Guidelines on Fixed Price Offers- JLSS vol.43 June 1998 p.42
and on same page –note on avoidance of delay in concluding missives
Lebacies to Solicitors
DT Annual Report 1996
Code of Conduct Article 2.
(1989) 34 JLSS 389
1975 SLT (News) 57,61
(1994) 39 JLSS 149
Hived Off Activities
Guidelines of December 1993 – (Appendix XVIII
–Webster)
Powers of Attorney
Lawyer not judge of mental state of client –
JLSS vol.43 July 1998 p.43
Financial Matters
Solicitors (Scotland) Accounts Certificate Professional Practice & Guarantee
Fund Rules 2001
Society’s Simple Guide to the Accounts Rules, the Accountant’s
Certificate Rules and Supplementary Guidance on Money Laundering Regulations
1993.
Financial Services Act 1986
Insolvency Act 1986
Solicitors (Scotland) Conduct of Investment Business Practice Rules 1994
The Solicitors (Scotland) (Conduct of Business) Practice Rules 1997
Guidelines on The Money Laundering Regulations – JLSS vol.43 May 1998
Reasons Why Letters- see new guidelines – JLSS June 1998 p.42
Court
Code of Conduce – Art. 8
Supplementary Code for Solicitor-advocates 1992
New voluntary Criminal code – see hand-out
The Code of Practice in relation to criminal legal assistance (April 1998)
issued by SLAB – see also “The Recorder”
issues 21 and 22
Duty to lodge Joint Minute – JLSS vol.43 June 1998 p.43
Contingency Fees/ Specutlative Actions
CCBE Code of Conduce – Art. 3.3
Supplementary Code of Conduct for solicitor-advocates –
Art. 11
Solicitors (Scotland) (Written Fee Charging Agreements) Practice Rules 1993
Section 61 A of Solicitors (Scotland) Act introduced by 1990 Act.
Act of Sederunt (Fees for Solicitors in Speculative Actions) 1992 (SI 1992
No. 1879); 1992
SLT (News) 266
Solicitors (Scotland) (Rights of Audience in High Court of Justiciary) Rules
1999
Solicitors (Scotland) (Rights of Audience in the Court of Session, House of
Lords and the Judicial Committee of the Privy Council) Rules 1999
Solicitors (Scotland) Rules of Conduct 1999
Solicitors (Scotland) (Incorporated Practices) Practise Rules 1997
Allows a single solicitor to form an incorporated practice. No longer
specifies particular form of Memorandum and Articles of Association but they
must contain certain core provisions.
Practise Management
Solicitors (Scotland) (Practice Management Course) Practice Rules 1997 must
attend practice management course outwith initial 12 months after he or she
becomes a principal.
Books
Webster contains full list – some are:-
The Laws of Scotland, Stair Memorial Encyclopaedia, Vol 13 (Law Society of
Scotland and Butterworths)
Procedures and Decisions of the Scottish Solicitors’
Discipline Tribunal, Smith & Barton (T. & T Clark, 1995)
Professional Ethics for Scottish Solicitors, A. Phillips (Butterworths 1990)
Professional Conduct for Scottish Solicitors, Jane Ryder (Law Society of Scotland/Butterworths)
Cordery on Solicitors (8th Edition and supplement), Butterworths 1988 and 1991
The Law and Practice of Legal Aid in Scotland, C.N. Stoddart and H Neilston
(T & T Clark)
A Practitioner’s Guide to Criminal Procedure –
J. Ross Harper (Law Society of Scotland) 1981
Professional Ethics and Practice for Scottish Solicitors
– Webster, 1996 (T & T Clark)
The Legal Professions in The New Europe, Tyrell QC and Yaqub, 2nd edition,
Cavendish Publishing Ltd. 1996.
“Ensuring Excellence” – a handbook on practical Risk Management,
produced for The Law Society of Scotland by Sedgwick Limited
1. The Secretariat of the Law Society of Scotland
If in doubt, telephone or
write for help. If the Secretariat thinks there is a matter of principle to
be decided, the problem may go to the Professional Practice Development Committee
for an opinion.
2. Counsel’s Opinion
Sometimes the problem is one of law rather than
practice, so an Opinion may be helpful.
3. Solicitors’
Advice and Assistance Scheme
The Society operates a confidential service for
lawyers who have got themselves into a mess or are experiencing administrative
or practice difficulties and need to discuss them with someone who is disinterested
and who can advise the solicitor. The
Society can provide a list but once the referral has been made takes no further
part in the matter.
4. Register of Locums
For short-term crisis of too much work, remember the
Society operates a locum scheme.
5. The Solicitors’
Defence Union
If a solicitor faces disciplinary action he needs independent
advice, he may wish to consult the Legal Defence Union. For membership,
contact:
James A McCann, James A McCann & Co., 499 Kilbowie Road, Clydebank, G81 2AX.