Solicitors (Scotland) (Client Relations Partner) Practice Rules 2005
Rules dated 24th March 2005, made by the Council of the Law Society of Scotland under section 34(1) of the Solicitors (Scotland) Act 1980 and approved by the Lord President of the Court of Session in terms of section 34(3) of the said Act.
Citation and Commencement
1. (1) These Rules may be cited as the Solicitors (Scotland) (Client Relations Partner) Practice Rules 2005. (2) These Rules shall come into force on 1st June 2005.
Interpretation
2. (1) In these Rules, unless the context otherwise requires–
"2005 rules" means the Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005;
“the Act” means the Solicitors (Scotland) Act 1980;
“Client Relations Partner” means a principal of a practice unit so designated by that practice unit in terms of these Rules;
“complaint” means a written complaint made to the Client Relations Partner of a practice unit, in relation to that practice unit, which, if it were made to the Society, would have to be investigated in terms of section 33(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;
“the Council” means the Council of the Society;
"practice unit" means (i) a solicitor who is a sole practitioner, (ii) a firm of solicitors or (iii) an incorporated practice and shall include a Scottish multinational practice (as defined in rule 7 (1) of the 2005 Rules);
“practice unit” means (i) a solicitor who is a sole practitioner, (ii) a firm of solicitors or (iii) an incorporated practice;
“principal” means a solicitor who is a sole practitioner or is a partner in a firm of two or more solicitors or is a director of an incorporated practice which is a company or is a member of an incorporated practice which is a limited liability partnership; and “the Society” means the Law Society of Scotland.
(2) The Interpretation Act 1978 applies to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
Appointment of a Client Relations Partner
3. (1) By each date set out in paragraph (2) a practice unit shall designate one of its principals as its Client Relations Partner, who shall be responsible for dealing with complaints made to that practice unit.
(2) A practice unit shall designate a person in terms of paragraph (1) within 28 days of–
(a) the date of commencement of these Rules,
(b) the date of its commencing practice on its own account; and
(c) every subsequent date when the office of Client Relations Partner in the practice unit becomes vacant.
[(3) A practice unit which is a solicitor who is a sole practitioner at any date referred to in paragraph (2) shall be deemed to have designated that solicitor as its Client Relations Partner at that date.]
Additional Client Relations Partners
4. (1) Where a practice unit has more than one place of business, it may designate a Client Relations Partner in respect of each place of business. Each Client Relations Partner shall be responsible for dealing with complaints in relation to a specified place or places of business.
(2) No practice unit may designate more than one Client Relations Partner in respect of any place of business.
(3) Where a practice unit has two or more Client Relations Partners, it shall designate one
Client Relations Partner as the lead Client Relations Partner. The lead Client Relations Partner shall be responsible for dealing with complaints in any case of doubt as to which Client Relations Partner is responsible.
Registration
5. (1) A practice unit shall, within 28 days of the designation of a Client Relations Partner, notify the Council in writing of the information set out in the Schedule in, or substantially in, the form set out in the Schedule.
(2) A practice unit shall, within 28 days of any change in any of the information provided to the Council in accordance with this rule, notify the Council in writing of such change in, or substantially in, the form set out in the Schedule.
Records to be Kept
6. (1) A practice unit shall ensure that its Client Relations Partner or Partners maintains a central record of each written complaint and the way it is dealt with.
Written Procedure
7. (1) A practice unit shall ensure that the procedure to be followed by it when handling complaints is set out in writing.
(2) Any client or former client of a practice unit who requests a copy of the procedure referred to in paragraph (1) from that practice unit shall be supplied with a copy of it within 28 days of such request.
Waiver
8. The Council shall have the power to waive any of the provisions of these Rules either generally or in any particular circumstances or case, provided that such waiver may be made subject to such conditions as the Council may determine.
Professional Practice
9. Failure to comply with these Rules may be treated as professional misconduct for the purposes of Part IV of the Solicitors (Scotland) Act 1980.
SCHEDULE Rule 5
Notification of Client Relations Partner or of change in details
Details of Practice Unit
Name …………………………………………………………
Address …………………………………………………………
…………………………………………………………
…………………………………………………………
Details of Client Relations Partner
Name …………………………………………………………
Address …………………………………………………………
…………………………………………………………
…………………………………………………………
Tel. No. …………………………………………………………
E-mail …………………………………………………………
Address of place(s) of business for which Client Relations Partner is responsible
……………………………………………………………
……………………………………………………………
……………………………………………………………
…………………………………………………………… (continue on separate sheet if necessary)
Have any other Client Relations Partners been appointed in respect of the practice unit? Yes/ No
Has the Client Relations Partner named above been designated as lead Client Relations Partner for the practice unit?
Yes/ No
