Section F: Guidance Relating to Particular Types of Work

The following Code contains a statement of good practice for those solicitors conducting criminal work. It does not have the status of a Practice Rule but may be referred to for guidance in assessing whether a solicitor’s conduct meets the standard required of a member of the profession.

Advice and information for solicitors attending and advising clients at police stations.

The following guidance constitutes an amplification of the standard of practice that the Society considers essential for the compliance with the rules of professional conduct when undertaking immigration, nationality and asylum work

The use of fixed price offers should be considered carefully.

This guidance applies equally to solicitors acting as estate agents as well as solicitors acting in the conveyancing.

It is common for Missives to be in an unconcluded state until shortly before or even at the date of entry.

Liability for Information Contained in Property Questionnaire Solicitors should make clear to selling clients completing such questionnaires that responsibility for the accuracy and truthfulness of those questionnaires rests with the client.

The Society's Professional Practice and Property Law Committee’s view is that if a solicitor does not feel qualified to comment on environmental matters.

The Conveyancing Committee is of the view that conveyancing transactions should be settled with a letter of obligation being granted by the solicitor personally.

Where postal settlement is envisaged, the seller's Solicitor should send the executed deed and deliverable title deeds

Where postal settlement of a transaction is envisaged, good practice is to agree in advance the arrangements for the sending of and intromission with funds and other settlement items.

The Property Law Committee is aware that lenders occasionally insist on this.

Where a sum of money is to be retained at settlement of a conveyancing transaction, the conditions upon which it is retained should be set out in writing at settlement.

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.

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.

Aberdeen: Standard Missive Aberdeen Deed of Declaration 2007

The Scottish New Build Standard Clauses (Edition 1)

This Advice Note was drafted by the Property Law Committee in consultation with the Scottish Government and the Council of Mortgage Lenders (“the CML”)

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.

Guidance to promote and encourage Scottish solicitors to use the Society's Style Success Fee Agreement (SSFA) and to highlight the solicitors' responsibilities when doing so.

This is a list of Insurance members who participate in the Pre-action Protocol.

The pre-action protocol was introduced as a framework for parties seeking to resolve professional negligence cases by negotiation. Compliance with the Protocol is voluntary.

The pre-action protocol was introduced as a framework for parties seeking to resolve disease cases by negotiation. Compliance with the Protocol is voluntary.

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.

The provisions that were in place in the Coronavirus (Scotland) (No2) Act 2020 Schedule 4, part 7 have now been incorporated into the Requirements of Writing (Scotland) Act 1995.

Guidance for solicitors who undertake Mental Health Tribunal work.

Continuing and Welfare Powers of Attorney

Advice and Information for solicitors on how to certify a Power of Attorney when you are not able to be in the same physical location as the granter.

This guidance is produced in light of the Scottish Solicitors’ Discipline Tribunal’s findings

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.