Mandates, restrictions and legal aid in proposed practice rule changes

Proposed practice rule changes affecting mandates, restrictions on practice as a manager and civil legal aid have been put out to consultation today by the Law Society of Scotland.

The Society’s Council is also considering changes to the Society's constitution, including using digital technology to enhance member participation at general meetings.

The proposed practice rule changes are:

Revocation of rule B8.2 (ARTL mandates): Revocation of this rule will mean that there would no longer be a requirement for solicitors to obtain a mandate signed by the client in a specified form and then register it with the Keeper prior to taking certain steps to deal with property rights in the digital system maintained by the Registers of Scotland.

Replacement of rule C3 (civil legal aid): Proposed amendments to the rules relating to the quality assurance scheme for civil legal aid would correct deficiencies and make the rules shorter, simpler and easier to follow.

Revocation of rule D2.1.8 (part of D2.1: restriction on practice): The proposed change would remove an exception to rule D2.1.3 (the "three year rule" restricting a solicitor's ability to act as a principal in practice) – and as a result remove the current "grandfathering" provision which is both anachronistic and inappropriate, and may be perceived as giving an advantage based on a person’s age.

There are a total of 12 proposed changes to the constitution, plus one deletion. The majority of the proposed changes relate to article 14 and deal with draft voting reforms at the Society's general meetings.

Christine McLintock, President of the Society, said: “We believe that the proposed amendments will help us meet our regulatory objectives and promote best practice by removing unnecessary burdens on our members, while also improving transparency and consistency.

“We would welcome feedback on the draft Amendment Rules by the closing date on 21 March. We will then consider all the responses and make any necessary changes before bringing proposed rule changes to the AGM for approval.”

If approved at the AGM, the rules will require the approval of the Lord President before they can come into force.

Click here to view the practice rule consultation.