The Registered European Lawyers (Rules of Professional Conduct) (Scotland) Rules 2001
Rules dated 25 May 2001 made by the Council of the Law Society of Scotland
under sections 5, 34(1), 35(1), 37(6) and 43 of, and Schedule 3 to, the Solicitors (Scotland) Act 1980 and approved by the Lord President of the Court of Session
under section 4(3) of the said Act and with his concurrence under section 5(1)
of the said Act.
Title and Commencement
1. These rules may be cited as the Registered European Lawyers (Rules of
Professional Conduct) (Scotland) Rules 2001 and shall come into operation
on 1 July 2001.
Definitions and Interpretation
2.—(1) In these rules, unless the context otherwise requires:—
‘‘the Act’’ means the Solicitors (Scotland) Act 1980 as amended;
‘‘the Council’’ means the Council of the Society;
‘‘the Directive’’ means Directive No. 98/5/EC of the European
Parliament and Council to facilitate practice of the profession of
lawyer on a permanent basis in certain states other than the state in
which the professional qualification was obtained;
‘‘European lawyer’’ shall have the meaning given in paragraphs (2) and
(3) of the Principal Regulations;
‘‘the European Lawyers Regulations’’ means the European Lawyers
(Registration) (Scotland) Regulations 2001 made by the Council
and dated 25 May 2001;
‘‘the PI Insurance Rules’’ means the Solicitors (Scotland) Professional
Indemnity Insurance Rules 1995 made by the Council and dated
31 March 1995;
‘‘the Practising Certificate Rules’’ means the Solicitors (Scotland)
Practising Certificate Rules 1988 made by the Council and dated
29 July 1988;
‘‘the Principal Regulations’’ means the European Communities (Lawyer’s
Practice) (Scotland) Regulations 2000 (SSI 2000 No. 121);
‘‘registered European lawyer’’ shall have the meaning given in section
65(1) of the Act;
‘‘rules of professional conduct’’ means rules, regulations, codes of
conduct and practice guidelines made or to be made, issued or to
be issued, or adopted or to be adopted by the Council or the
Society under any rule-making power contained in the Act or
delegated legislation or otherwise available to the Council or the
Society and as such rules, regulations, codes of conduct and
practice guidelines are in force from time to time and shall include,
without limiting the foregoing generality, rules, regulations, codes
of conduct and practice guidelines relating to professional practice,
conduct and discipline, accounts, accounts certificates, the Scottish
Solicitors Guarantee Fund, training or admission; and
‘‘the Society’’ means the Law Society of Scotland.
(2) The provisions of the Interpretation Act 1978 shall apply to the
interpretation of these rules as they apply to the interpretation of an Act of
Parliament.
(3) The headings to these rules do not form part of these rules.
Purpose of Rules
3. The purpose of these rules is to give further effect to Article 6(1) of the
Directive and to regulation 25 of the Principal Regulations. European Lawyers (Professional Conduct)
Applicability of Rules of Professional Conduct
4.—(1) A registered European lawyer shall be subject to the same rules of
professional conduct as a solicitor in Scotland.
(2) In particular, but without limiting the generality of paragraph (1) above, a
registered European lawyer shall be subject to the rules of professional
conduct as set out in the Schedule to these rules.
(3) Notwithstanding paragraph (1) above, a registered European lawyer shall
not be subject to the PI Insurance Rules or the Practising Certificate Rules
but shall instead be subject to the European Lawyers Regulations.
Construction of Rules of Professional Conduct
5.—(1) Subject to paragraph (2) below, and unless the contrary intention
is expressed in any such rule, references in any rule of professional conduct
to—
(a) ‘‘solicitors’’ shall include references to registered European lawyers;
(b) ‘‘a practising certificate’’ shall include references to a registered
European lawyer’s certificate of registration; and
(c) ‘‘the roll’’ shall include references to the register of European lawyers.
(2) In their application to registered European lawyers, the rules of
professionalconduct shall be construed subject to any contrary provision
contained in the Directive, the Principal Regulations or the European Lawyers Regulations.
SCHEDULE
Rule 4(2)
Rules of Professional Conduct
Rules and Regulations
1975: Solicitors (Scotland) Practice Rules
1981: Solicitors (Scotland) Practice Rules
1986: Solicitors (Scotland) Practice Rules
1989: Solicitors (Scotland) (Cross-border Code of Conduct) Practice Rules
1991: Solicitors (Scotland) Practice Rules
Solicitors (Scotland) (Multi-Disciplinary Practices) Practice Rules
1992: Solicitors (Scotland) Order of Precedence, Instructions and Representation Rules
Solicitors (Scotland) (Admission with Extended Rights of Audience) Rules
Code of Conduct (Scotland) Rules
1993: Solicitors (Scotland) (Continuing Professional Development) Regulations
Solicitors (Scotland) (Written Fee Charging Agreements) Practice Rules
1994: Solicitors (Scotland) Investment Business Training Regulations
EC Qualified Lawyers Transfer (Scotland) Regulations
1995: Solicitors (Scotland) (Advertising and Promotion) Practice Rules
Scottish Solicitors’ Guarantee Fund Rules
1996: Solicitors (Scotland) (Restriction on Practice as a Principal) Practice Rules
Solicitors (Scotland) (Associates, Consultants and Employees) Practice Rules
1997: Solicitors (Scotland) Accounts Rules
Solicitors (Scotland) Accounts Certificate Rules
Solicitors (Scotland) Investment Business Compliance Certificate
Solicitors (Scotland) (Practice Management Course) Practice Rules
Solicitors (Scotland) (Conduct of Investment Business) Practice Rules
2001: Admission as Solicitor (Scotland) Regulations
Solicitors (Scotland) (Incorporated Practices) Practice Rules
Codes of Conduct
1996: Code of Conduct for Criminal Work
1999: Code of Conduct for Scottish Solicitors
Practice Guidelines
1992: Law Society Guidelines for the Recruitment of Staff to Undertake Investment Business
1994: Conflict of Interest in Commercial Security Transactions
1995: Guide to Professional Conduct and Ethics in Insolvency
1996: Law Society Guidance Notes on Exhibition of Title Deeds
1997: Law Society Guidance Notes to the Investment Business Rules and Regulations
Law Society Guidance Notes on Capital Adequacy
Simple Guide to the Solicitors (Scotland) Accounts Rules 1997,
Solicitors (Scotland) Accounts Certificate Rules 1997, Money
Laundering Regulations 1993
Suggested List of Items that should be Special Areas of Concern to Designated Cashroom Partners
Guidance on Retention/Destruction of Files and Records 1998: and 1999
Law Society Guidelines on Retention of Funds
Law Society Guidelines on Faxed and E-Mail Documents
Law Society Guidelines on Property Schedules and Mortgage Advice Service
Law Society Guidelines for Compliance with Continuing Professional
Development Regulations
Law Society Guidelines on Conflict of Interest
Law Society Guidelines on Confidentiality
Law Society Guidelines on Mandates in Executries
Law Society Guidelines on Conflict of Interest and Ranking Agreements
Law Society Guidelines on Closing of Files
Law Society Guidelines on Terms of Business
Law Society Guidelines on Mandates
Law Society Guidelines on Avoidance of Delay in Concluding Missives
Law Society Guidelines on Fixed Price Offers
Law Society Guidelines on Powers of Attorney
Law Society Guidelines on Acting for Separated Spouses
Law Society Guidelines on Comments to the Media by Solicitors
Law Society Guidelines on Sending Document to Unrepresented Party for Signature
Law Society Guidelines on Settlement Cheques Sent to be Held as Undelivered
Law Society Revised Guidelines on Closing Dates and Notes of Interest
Law Society Guidelines on Duty to Lodge a Joint Minute and move for decree
Law Society Guidelines on Conflict of Interest between Borrower and Spouse
Law Society’s Risk Management Flowchart and Procedures
