Unqualified persons acting as solicitors
Offence for unqualified persons to pretend to be solicitor or notary public
31. (1) Any person (including a body corporate) who, not having the relevant qualification, either by
himself or together with others, wilfully and falsely-
(a) pretends to be a solicitor or notary public; or
(aa) pretends to be a registered European lawyer; or
(b) takes or uses any name, title, addition or description implying that he is duly qualified to act as a solicitor or a notary public or registered European lawyer, as the case may be, or recognised by law as so qualified;
shall be guilty of an offence.
In this section, “unqualified person” does not include an incorporated
practice.
(2) Any person (including a body corporate) who either by himself or together with others, wilfully and falsely—
(a) pretends to be an incorporated practice;
(b) takes or uses any name, title, addition or description implying that he is an incorporated practice,
shall be guilty of an offence.
(3) [Repealed by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Sched. 9.]
Offence for unqualified persons to prepare certain documents
32. (1) Subject to the provisions of this section and regulations 6, 11, 12 and 13 of the European
Communities (Lawyer’s Practice) (Scotland) Regulations 2000, any unqualified person (including a body corporate) who draws or prepares—
(a) any writ relating to heritable or moveable estate; or
(b) any writ relating to any action or proceedings in any court; or
(c) any papers on which to found or oppose an application for a grant of confirmation in favour of executors,
shall be guilty of an offence.
(2) Subsection (1) shall not apply—
(a) to an unqualified person if he proves that he drew or prepared the writ or papers in question without receiving, or without expecting to receive, either directly or indirectly, any fee, gain or reward (other than by remuneration paid under a contract of employment); or
(b) to an advocate; or
(c) to any public officer drawing or preparing writs in the course of his duty; or
(d) to any person employed merely to engross any writ; or
(e) an incorporated practice.
(f) to a member of a body which has made a successful application under section 25 of the 1990 Act but only to the extent to which the member is exercising rights acquired by virtue of section 27 of that Act. (Added by Section 61 of the Legal Profession and Legal Aid (Scotland) Act 2007 with effect from 1 November 2007)
(2A) Subsection (1)(a) shall not apply to a qualified conveyancer providing conveyancing services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
(2B) Subsection (1)(b) shall not apply to a person who is, by virtue of an act of sederunt made under section 32 (power of Court of Session to regulate procedure) of the Sheriff Courts (Scotland) Act 1971, permitted to represent a party to a summary cause.
(2C) Subsection (1)(c) shall not apply to an executry practitioner or a recognised financial institution providing executry services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
(3) In this section “writ” does not include—
(a) a will or other testamentary writing;
(b) a document in re mercatoria, missive or mandate;
(c) a letter or power of attorney;
(d) a transfer of stock containing no trust or limitation thereof.
(4) For the purposes of this section, "unqualified person" includes a registered foreign lawyer.
Unqualified persons not entitled to fees, etc.
33 (1) Subject to the provisions of regulations 12 and 13 of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000, no fee, reward, outlay or expenses on account of or in relation to any act or proceeding done or taken by any person who—
(a) acts as a solicitor or as a notary public without being duly qualified so to act; or
(b) not being so qualified, frames or draws any writs to which section 32 applies, shall be recoverable by any person in any action or matter.
This section does not apply to an incorporated practice or in relation to writs framed or drawn by a person who is, by virtue of an act of sederunt made under section 32 of the Sheriff Courts (Scotland) Act 1971, permitted to represent a party to a summary cause.
(2) For the purposes of this section, "unqualified person" includes a registered foreign lawyer.
Privilege of incorporated practices from disclosure etc.
33A. (1) Any communication made to or by an incorporated practice in the course of its acting as such
for a client shall in any legal proceedings be privileged from disclosure in like manner as if the body had at all material times been a solicitor acting for the client.
(2) Any enactment or instrument making special provision in relation to a solicitor or other legal representative as to the disclosure of information, or as to the production, seizure or removal of documents, with respect to which a claim to professional privilege could be maintained, shall, with any necessary modifications, have effect in relation to an incorporated practice as it has effect in relation to a solicitor.
