Guidance
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You should never attempt to prevent or discourage clients or others from making complaints to the Scottish Legal Complaints Commission whether by means of provisions in your Terms of Business, or by any other means. Any attempt to do so may call into question your compliance with the Standards of Conduct.
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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.
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Outsourcers should give independent advice
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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.
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A solicitor must (a) have instructions from their client and (b) be satisfied when taking instructions that the client has the capacity to give instructions in relation to that matter.
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Signature of Certificates on Powers of Attorney - Trainee Solicitors Sections 15, 16 and 16A of the Adults with Incapacity (Scotland) Act 2000 provide that a continuing power of attorney or a welfare power of attorney must incorporate a certificate by a practising solicitor or a doctor that the solicitor or doctor has interviewed the granter immediately before he or she signed the documents;
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Vulnerable clients
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Confidentiality is related to conflict of interest but is also a separate and distinct question. The position is set out in rule B1.6 which states "You must maintain client confidentiality. This duty is not terminated by the passage of time.
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The law and the legal profession are of significant interest to the media and their readers, listeners and viewers.
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You must maintain client confidentiality.
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B1.7: Conflict of Interest in relation to Outsourcing
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Obligation on outsourcers to disclose interests
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Guidance for solicitors providing advice on dispute resolution procedures
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Check the skills of outsourced providers
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Contact from Opponent’s Client It has come to the attention of the Professional Practice Committee that there is an increasing tendency for Defenders to telephone Pursuers' agents direct to discuss active cases.
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The Professional Practice Committee and the Council confirm that where money or deeds are sent to be held as undelivered pending purification of a condition, they should be so held if the condition is not purified. Settlement will not take place until they can be treated as delivered.
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Diversity - Outsourcing