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Continuing and Welfare Powers of Attorney
Category: Guidance
Continuing and Welfare Powers of Attorney
Cross-Border Practice
Category: Rule
When conducting cross-border practice you shall observe and be bound by the terms of the Code at all times.
Cross-Border Practice
Category: Guidance
The standards of conduct contained in rule B1 do not apply when you are engaged in cross-border practice. Note that this term does not encompass transactions or activity between the constituent parts of the United Kingdom. When engaged in cross-border practice you must comply with rule C1 instead
Definitions and Interpretation
Category: Rule
In these rules, unless stated to the contrary or the context otherwise requires, terms listed in the first column of Schedule 1 to these rules shall have the meanings respectively ascribed to them in the second column of Schedule 1.
Delay in Concluding Missives
Category: Guidance
It is common for Missives to be in an unconcluded state until shortly before or even at the date of entry.
Director of Client Company
Category: Guidance
From time to time the Law Society is asked to provide guidance to solicitors who have been asked to act as a director of a company which is also a client of the practice unit (and also where a company of which the solicitor is a director becomes a client of the practice unit).
Discharges of Standard Securities
Category: Guidance
Solicitors frequently experience difficulty in obtaining Discharges from lenders, particularly those based in England, where Discharges are not required in the same format and the registers can be cleared more easily.
Disclosure of Interest
Category: Rule
Where you are consulted about a matter in which you have, or your practice unit has, a personal or a financial interest, the position must be made clear to the client as soon as possible.
Disclosure of Interest - Outsourcing
Category: Guidance
Obligation on outsourcers to disclose interests
Dispute Resolution
Category: Guidance
Guidance for solicitors providing advice on dispute resolution procedures
Document Control and File Tracking
Category: Guidance
When a solicitor takes control of files from another solicitor for any reason and in any situation (including but not limited to receipt of files either in implement of a Mandate or where files are taken over from a ceased practice) the solicitor receiving the files should keep a record of all the files received.
Drafting Wills
Category: Rule
You shall not knowingly act on instructions in relation to the preparation of testamentary writings which could reasonably be perceived to give unfair benefits to you or those connected with you by family or professional relationships.
Drafting Wills
Category: Guidance
Rule B2.2 is a restatement of The Solicitors (Scotland) (Drafting Wills) Practice Rules 2010 ("the 2010 Rules") with one amendment (the addition of the word "knowingly" before the word "act" in rule B2.2.2, added for clarity and consistency with B2.2.3).
Duty to Co-operate with the Scottish Legal Complaints Commission – Advice and Information
Category: Advice and Information
Advice and Information related to rule on duty to co-operate with the SLCC
Duty to Co-operate with the Society
Category: Rule
Practice rule imposing duty to Co-operate with the Society
Effective communication
Category: Rule
You must communicate effectively with your clients and others
Engagement Waiver for Mortgage Lenders
Category: Guidance
The Professional Practice Committee considers that it is unnecessary to provide written information as required by rule B4 at least in domestic security transactions, as lenders are setting out the terms of the relationship in their instructions to solicitors and fees will require to be paid by the borrower.
Equality and Diversity
Category: Rule
You must not discriminate on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation in your professional dealings with other lawyers, clients, employees or others
Equality and Diversity
Category: Advice and Information
Ensuring fairness, creating opportunities. This is a practical guide for firms. It covers how firms can improve practice, broaden skills and develop new business by understanding the needs of different clients and staff. An additional supplement focuses on the specific of access for people with disabilities.
Failure to Comply
Category: Rule
Failure to comply with these rules may be treated as professional misconduct or unsatisfactory professional conduct.
Fee Sharing - Prohibition
Category: Rule
You shall not share with any unqualified person any profits or
fees or fee derived from any business transacted by you of a kind which is commonly carried on by regulated persons in Scotland in the course of or in connection with their practice; provided always that:
Fees - Professional
Category: Rule
The fees you charge must be fair and reasonable in all the circumstances.
Files - Charging for Lending or Delivering Files, Titles and other Papers
Category: Guidance
Where a solicitor is asked to lend titles or other documents to another solicitor a fee may properly be charged for such lending to cover both the delivery and return of the documents