Contempt of court cases continued

The Scottish Legal Complaints Commission (SLCC) was in court last month bringing proceedings against two solicitors who had failed to comply with statutory requests for information.

The SSLC provided the following update.

One of the solicitors has previously been held in contempt of court for the same issue in relation to a different complaint, although no sanction was applied at that time.

Both solicitors appeared unrepresented, despite urging from the bench to seek representation.

The first practitioner submitted what Lord Malcolm described as “detailed and relevant information, without vouching” at the hearing. Lord Pentland commented that to be provided with “material on a matter of such possible gravity at the bar of the court” was “far from satisfactory”. Lord Pentland also suggested that sending such material in advance “would be an obvious step for a solicitor to take”.

In the second case Lord Malcolm urged the practitioner to seek representation before hearing the case.

As such the court decided to continue both cases to 22 March 2024 and has asked for further information to be submitted in advance of the hearing.

Commenting on the cases, SLCC CEO Neil Stevenson said, “This was a costly and time-consuming morning in court, yet we are no further forward in being able to investigate the complaints made to us by clients of these firms. Parliament has given the SLCC the statutory power to request responses to complaints but not to enforce them, so we again find ourselves petitioning the highest civil court in the land to take action on our behalf. We have asked for further powers in this area as part of the Regulation of Legal Services (Scotland) Bill, currently being debated in Parliament, and we’re delighted that the Committee and the Minister have welcomed this.

“In all cases of this nature, we’re taking a neutral stance on the issue of contempt – our interest is in securing the information we need to be able to deal with the complaint. It is for the primary regulators of the solicitor profession – the Law Society of Scotland and, ultimately, the Court of Session, to consider any action needed to admonish those who do not comply with their statutory duties or to provide a clear signal of the serious view taken of this issue to encourage solicitors’ compliance with the law.”

B1.17 Duty to Co-operate with the Scottish Legal Complaints Commission (the ‘Commission’)

You must deal with the Commission in an open, timely and co-operative manner, so as to enable the Commission properly to exercise and fulfil its statutory functions.

The Journal spoke to the Law Society of Scotland and whilst they could not comment on individual cases, David Gordon, Convener of Law Society of Scotland Regulatory Committee, said: “It is important that we have a just and efficient complaints system acting in the public interest.

“The Law Society introduced a rule in 2023 to strengthen professional standards and clarify solicitors’ duties in relation to the Scottish Legal Complaints Commission. The SLCC has a key role in ensuring there are robust protections in place for the public and solicitors must co-operate with its important work.

“The Regulation of Legal Services (Scotland) Bill currently going through parliament will help to improve and modernise the existing regulatory system to better protect consumers while ensuring the legal profession continues to thrive.”