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Interests of the client
Category: Guidance
Supervision of non-solicitor employees
It is emphasised that the obligation in rule B1.4.1 (to "act in the best interests of your clients subject to preserving your independence and complying with the law, these rules and the principles of good professional conduct") extends to practice units as well as individual solicitors.
Joint Minute - Duty to Lodge and move for decree
Category: Guidance
The Committee was asked for guidance about a divorce action where the wife defender had agreed terms with her husband in a Joint Minute which was signed by her solicitors.
King’s Counsel in Scotland
Category: Advice and Information
For information on how to seek appointment as King's Counsel see the Guidance Notes and Application Form on the Scottish Courts Website
Land Registration Etc. (Scotland) Act 2012
Category: Guidance
Solicitors should be aware that s.111 of The Land Registration etc. (Scotland) Act 2012 ("2012 Act") introduces a statutory duty of care to the Keeper.
Lender Remitting Funds Direct to Seller’s Agent
Category: Guidance
The Property Law Committee is aware that lenders occasionally insist on this.
Lenders’ requests for Solicitor Files
Category: Guidance
The Opinion of Senior Counsel regarding requests by lenders or their solicitors for copies of files.
Letters of Obligation and Advance Notices
Category: Guidance
The Conveyancing Committee is of the view that conveyancing transactions should be settled with a letter of obligation being granted by the solicitor personally.
Mandates
Category: Guidance
It is difficult to draw lines between a response to advertising, competitive quoting and touting. It remains the case, however that you should not directly approach someone else's client.
Mandates in Criminal Work
Category: Guidance
All Mandates requesting the transfer of papers and legal aid relating to a criminal matter shall be completed and executed by the assisted person in the form agreed by the Scottish Legal Aid Board and the Law Society of Scotland.
Mandates in Executries
Category: Guidance
Where there is a combination of solicitor and non-solicitor executors, a solicitor executor should not use his power as executor to secure the continuity of his acting as solicitor in the winding up of the estate.
Master Policy
Category: Rule
The Society shall take out and maintain with authorised insurers to be determined from time to time by the Council a master policy in terms to be approved by the Council to provide indemnity against such classes of professional liability as the Council may decide
Master Policy - Criminal Court Undertaking
Category: Guidance
Under the Society's arrangements for the Master Policy for Professional Indemnity Insurance firms whose activities are restricted to criminal court work only throughout the practice year are entitled to a discount on their Master Policy premium.
Master Policy - Information
Category: Advice and Information
For further information, see Master Policy Information.
Media - Comments to the Media by Solicitors
Category: Guidance
The law and the legal profession are of significant interest to the media and their readers, listeners and viewers.
Mental Health Tribunal
Category: Guidance
Guidance for solicitors who undertake Mental Health Tribunal work.
Multi-Disciplinary Practices - Prohibition
Category: Rule
Subject to rule 9.1.3, you shall not form a legal relationship with a person or body who is not a regulated person with a view to your jointly offering professional services as a multi-disciplinary practice to any person or body.
Multi-national practice - Entering a MNP
Category: Rule
You may not enter a multi-national practice having any place of business in Scotland unless you obtain the approval of the Council in terms of rule 8.1.3.
Multi-national practice – Principal Place of Business
Category: Rule
The Council may, on application made in terms of rule 8.2.13, determine the principal place of business of a multi-national practice.
Multi-national Practice Form
Category: Forms and Fees
Application for Approval of Entry into New Multi-National Practice (MNP) and for Determination of Principal Place of Business of New MNP – MNP1
Non face-to-face Will Instructions
Category: Advice and Information
Advice and Information for solicitors on taking instructions and arranging for execution of a will when you are not able to be in the same physical location as the client.
Notary Public - Guidance
Category: Guidance
Responsibility for admission and registration of notaries lies with the Council of The Law Society of Scotland under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
Notices of Improvement and Repair Grants
Category: Advice and Information
This Advice Note was drafted by the Property Law Committee in consultation with the Scottish Government and the Council of Mortgage Lenders (“the CML”)
Notifications to ICO under the Data Protection Act
Category: Advice and Information
Data protection - good practice
Note issued by the information commissioner
Order of Precedence, Instructions and Representation
Category: Rule
Where a solicitor advocate accepts instructions to appear in a Superior Court, those instructions shall: (i) take precedence over any other professional obligation;