Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005
Rules dated 24th March 2005, made (i) by the Council of the Law Society of Scotland (the "Council") under section 34, section 35 and section 36 of the Solicitors (Scotland) Act 1980 and approved by the Lord President of the Court of Session (the "Lord President") in terms of section 34(3) of that Act; (ii) by the Council with the concurrence of the Lord President in terms of section 5 and section 44 of that Act and (iii) by the Council under section 37 and paragraphs 4(1) and (4) of Schedule 3 to that Act.
Citation and Commencement
1. – (1) These Rules may be cited as the Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005.
(2) These Rules shall come into effect on 1st May 2005.
Definitions and Interpretation
2. – (1) In these Rules, unless the context otherwise requires –
"the Act" means the Solicitors (Scotland) Act 1980;
"Admission Regulations" means the Admission as Solicitor (Scotland) Regulations 2001;
"the Council" means the Council of the Society;
"member body" means, in relation to a multi-national practice, any firm of solicitors, incorporated practice or multi-national practice which is a member of that multi-national practice or of any member body of that multi-national practice;
"multi-national practice" has the meaning given in section 65 of the Act;
"principal place of business" means the principal place of business of a multi-national practice as determined by the Council in terms of the Solicitors (Scotland) (Principal Place of Business) Rules 2005;
"registered foreign lawyer" has the meaning given in section 65 of the Act;
"rules of the Society" means the rules from time to time made under section 34 (rules as to professional practice, conduct and discipline), section 35 (accounts rules), section 36 (interest on client's money), section 37 (accountant's certificates) and section 44 (professional indemnity) of, and paragraph 4(1) and (4) of Schedule 3 (Guarantee Fund – grants) to, the Act;
"Scottish practice" means practice in or from Scotland, and practice in Scotland includes practice outwith Scotland where the relevant client is located in Scotland;
"the Society" means the Law Society of Scotland;
"solicitor" has the meaning given in section 65 of the Act;
(2) The Interpretation Act 1978 applies to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
(3) The headings to these Rules do not form part of these Rules.
General application
3. (1) The rules of the Society listed in Schedule 1 shall apply to registered foreign lawyers.
(2) Except where otherwise provided by these Rules or by other rules of the Society, any future rules of the Society shall apply to registered foreign lawyers as they apply to solicitors.
(3) For the purpose of its application to a registered foreign lawyer reference in any rule of the Society applied to that registered foreign lawyer by paragraph (2) –
(a) to a solicitor (howsoever defined) shall include reference to that registered foreign lawyer; and
(b) to a solicitor's practising certificate shall include reference to that registered foreign lawyer's registration certificate.
(4) Reference in any rule or regulation made by the Society, in terms of the Act or otherwise, to a multi-national practice shall not of itself apply that rule or regulation to any registered foreign lawyer who is a member of that multi-national practice where that rule would not otherwise apply to him.
Specific application
4. (1) No rule of the Society listed in Schedule 2, or any modification or re-making of any such rule unless such modification or re-making otherwise provides, shall apply to any registered foreign lawyer.
(2) The rules of the Society listed in Schedule 3, and any modification or re-making of any such rule unless such modification or re-making otherwise provides, shall apply to any registered foreign lawyer who is a member of a multi-national practice having its principal place of business in Scotland.
(3) The rules of the Society listed in Schedule 4, and any modification or re-making of any such rule unless such modification or re-making otherwise provides, shall apply to the Scottish practice of any registered foreign lawyer.
Amendments
5. The rules of the Society and other rules and regulations set out in Schedule 5 shall be amended as set out in that Schedule.
Admission Regulations
6. As a matter of professional practice, conduct and discipline, the provisions of the Admission Regulations set out in Schedule 6 shall apply to registered foreign lawyers as set out in that Schedule.
References to multi-national practices
7. (1) Where any rule of the Society refers to a "Scottish multi-national practice", that term shall mean a multi-national practice having its principal place of business in Scotland.
(2) Where any rule of the Society refers to a "Scottish branch of a multi-national practice", that term shall mean a multi-national practice, but only so far as that multi-national practice is acting in pursuance of the Scottish practice of
(i) any solicitor who is a member of that multi-national practice, or
(ii) a member body of that multi-national practice, or
(iii) any registered foreign lawyer who is such a member.
Breaches of rules and regulations by multi-national practices
8. Where any rule or regulation made by the Society, in terms of the Act or otherwise, applies to a multi-national practice, no registered foreign lawyer or solicitor who, or member body which, is a member of that multi-national practice or of a member body of that multi-national practice shall cause or knowingly permit that multi-national practice not to comply with that rule or regulation so far as it is applicable to that multi-national practice, even where that rule or regulation does not apply to him.
Waivers
9. The Council may waive any provision of these Rules, either generally or in relation to any particular case, subject to such conditions, if any, as it considers appropriate.
Schedule 1 Rule 3(1)
Rules of the Society which apply to all registered foreign lawyers
Solicitors (Scotland) (Multi-Disciplinary Practices) Practice Rules 1991
Solicitors (Scotland) Professional Indemnity Insurance Rules 1995
Solicitors (Scotland) Accounts etc Rules 2001
Solicitors (Scotland) (Cross-border Code of Conduct) Practice Rules 2003
Solicitors (Scotland) (Restriction on Association) Practice Rules 2004
Schedule 2 Rule 4(1)
Rules of the Society which do not apply to any registered foreign lawyer
Registered European Lawyers (Rules of Professional Conduct) (Scotland) Rules 2001
Solicitors (Scotland) (Civil Legal Aid and Advice and Assistance) Practice Rules 2003
[Note: There are other rules and regulations made under the Solicitors (Scotland) Act 1980 and otherwise which are not made under section 34 (rules as to professional practice, conduct and discipline), section 35 (accounts rules), section 36 (interest on client's money), section 37 (accountant's certificates) or section 44 (professional indemnity) of, or paragraphs 4(1) or (4) of Schedule 3 to, the Act. These are not "rules of the Society" as defined in these Rules and are therefore not applied to registered foreign lawyers. For the avoidance of doubt, the following rules are in that category:
Solicitors (Scotland) Practising Certificate Rules 1988
Admission as Solicitor (Scotland) Regulations 1991
Solicitors (Scotland) Order of Precedence, Instructions and Representation Rules 1992
Solicitors (Scotland) (Continuing Professional Development) Regulations 1993
EC Qualified Lawyers Transfer (Scotland) Regulations 1994
Admission as Solicitor (Scotland) Regulations 2001 (though see rule 6 and Schedule 6)
European Lawyers (Registration) (Scotland) Regulations 2001
Solicitors (Scotland) (Rights of Audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council) Rules 2002
Solicitors (Scotland) (Rights of Audience in the High Court of Justiciary and Judicial Committee of the Privy Council) Rules 2002
Solicitors (Scotland) Rules of Conduct for Solicitor Advocates 2002]
Schedule 3 Rule 4(2)
Rules of the Society which apply to registered foreign lawyers who are members of multi-national practices having their principal place of business in Scotland
Solicitors (Scotland) Practice Rules 1986
Solicitors (Scotland) Practice Rules 1991
Solicitors (Scotland) (Written Fee Charging Arrangements) Practice Rules 1993
Solicitors (Scotland) (Advertising and Promotion) Practice Rules 1995
Solicitors (Scotland) (Associates, Consultants and Employees) Practice Rules 2001
Solicitors (Scotland) (Incorporated Practices) Practice Rules 2001
Solicitors (Scotland) (Practice Management Course) Practice Rules 2001
Solicitors (Scotland) (Restriction on Practice) Practice Rules 2001
Solicitors (Scotland) (Client Communication) (Residential Conveyancing) Rules 2003
Solicitors (Scotland) (Industrial Action by Solicitors) Practice Rules 2003
Solicitors (Scotland) (Supreme Courts) Practice Rules 2003
Solicitors (Scotland) (Incidental Financial Business) Practice Rules 2004
[Solicitors (Scotland) (Client Communication) Practice Rules 2005]
[Solicitors (Scotland) (Client Care) Practice Rules 2005]
Schedule 4 Rule 4(3)
Rules of the Society which apply to the Scottish practice of registered foreign lawyers
Solicitors (Scotland) Practice Rules 1991
Solicitors (Scotland) (Written Fee Charging Arrangements) Practice Rules 1993
Solicitors (Scotland) (Advertising and Promotion) Practice Rules 1995
Schedule 5 Rule 5
Amendments
Solicitors (Scotland) Practice Rules 1986
1 In rule 2(1) insert after "requires" –
""2005 Rules" means the Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005;".
2 In rule 2(1) in the definition of "solicitor" insert after "practice" -
"or a firm of solicitors and shall include a registered foreign lawyer to whom these rules apply in terms of rule 4(2) or (3) of the 2005 Rules and a Scottish multi-national practice (as defined in rule 7(1) of the 2005 Rules)".
Solicitors (Scotland) (Multi-Disciplinary Practices) Practice Rules 1991
3 In rule 2(1) in the definition of “solicitor” insert after “association of solicitors” –
“and also includes a registered foreign lawyer and a multi-national practice”.
Solicitors (Scotland) Practice Rules 1991
4 In rule 2(1) insert after "requires" –
""2005 Rules" means the Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005;".
5 In rule 2(1) in the definition of "solicitor" insert after "association of solicitors" -
"and shall include a registered foreign lawyer to whom these rules apply in terms of rule 4(2) or (3) of the 2005 Rules and a Scottish multi-national practice and a Scottish branch of a multi-national practice (in each case as defined in rule 7 of the 2005 Rules)".
Solicitors (Scotland) (Written Fee Charging Agreements) Practice Rules 1993
6 In rule 3 insert after "requires" –
""2005 Rules" means the Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005;".
7 In rule 3 in the definition of "solicitor" insert after "practice" -
"and shall include a registered foreign lawyer to whom these rules apply in terms of rule 4(2) or (3) of the 2005 Rules and a Scottish multi-national practice and a Scottish branch of a multi-national practice (in each case as defined in rule 7 of the 2005 Rules)".
Solicitors (Scotland) (Advertising and Promotion) Practice Rules 1995
8 In rule 2(1) insert after "requires" –
""2005 Rules" means the Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005;".
9 In rule 2(1) in the definition of "solicitor" insert after "association of solicitors" -
"and shall include a registered foreign lawyer to whom these rules apply in terms of rule 4(2) or (3) of the 2005 Rules and a Scottish multi-national practice and a Scottish branch of a multi-national practice (in each case as defined in rule 7 of the 2005 Rules)".
Solicitors (Scotland) Professional Indemnity Insurance Rules 1995
10 In rule 2(1) in the definition of “solicitor” insert after “practice” –
“and also includes a registered foreign lawyer and a multi-national practice".
Admission as Solicitor (Scotland) Regulations 2001
11 In regulation 2(1) in the definition of "training solicitor" insert after "Act" -
"or a multi-national practice (as defined in the Act)".
12 In regulation 13(1) insert after "practice" the sixth time it appears -
"or, where the training solicitor is a multi-national practice, at least one of the solicitors who is a member thereof has been in such continuous practice".
13 In regulation 13(2) insert after paragraph (b) -
"(ba) in the case of a multi-national practice, twice the number of solicitors who are members of the multi-national practice;".
14 In regulation 13(2) insert after paragraph (c) -
"(ca) in the case of a multi-national practice having more than one office, within each office, twice the number of solicitors having their principal place of business within that office, but subject always, in respect of the multi-national practice as a whole, to the maximum specified by paragraph (ba) above;".
15 In regulation 38(1) insert after "Act" -
"or a multi-national practice (as defined in the Act)".
Solicitors (Scotland) Accounts etc Rules 2001
16 In rule 2(1) in the definition of “solicitor” insert after “practice” –
“and also includes a registered foreign lawyer and a multi-national practice.”.
17 In rule 10(1), insert after "incorporated practice" –
"or as a member of a multi-national practice".
18 In rule 12, insert after "incorporated practice" each time it appears –
"or a multi-national practice".
19 In rule 17, insert after "incorporated practice" the first and sixth time it appears –
"or multi-national practice".
20 In rule 17, insert after "partnership" –
"or a member of the multi-national practice".
21 In rule 19(5), insert after "incorporated practice" the first and sixth time it appears –
"or multi-national practice".
22 In rule 19(5), insert after "partnership" –
"or a member of the multi-national practice".
23 In rule 22, insert after "incorporated practice" each time it appears –
"or multi-national practice".
24 In rule 25(c)(ii), insert after "incorporated practice" the first time it appears –
"or multi-national practice".
25 In rule 25(c)(ii), insert after "incorporated practice" the second time it appears –
"or member or other employee of a multi-national practice".
26 In rule 25(c)(ii), insert after "Act" –
"or to be a multi-national practice".
Solicitors (Scotland) (Associates, Consultants and Employees) Practice Rules 2001
27 In rule 2(1) insert after "requires" -
""2005 Rules" means the Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005;".
28 In rule 2(1) in the definition of "solicitor" insert after "practice" -
" and shall include a registered foreign lawyer to whom these rules apply in terms of rule 4(2) or (3) of the 2005 Rules and a Scottish multi-national practice (as defined in rule 7(1) of the 2005 Rules)".
29 In rule 3, insert after paragraph (c) –
"(ca) if the solicitor is a multi-national practice, a member of that multi-national practice".
Solicitors (Scotland) (Incorporated Practices) Practice Rules 2001
30 In rule 2(1) in the definition of "the 1986 Act" insert after "partnerships" –
"and any legislation in any other jurisdiction having equivalent effect".
31 In rule 2(1) in the definition of "solicitor" insert after "association of solicitors" –
"and also includes a registered foreign lawyer."
32 In rule 11 insert after "Act" –
"in respect of solicitors as defined in the Act".
Solicitors (Scotland) (Practice Management Course) Practice Rules 2001
33 In rule 2(1) insert after "requires" -
""2005 Rules" means the Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005;".
34 In rule 2(1) in the definition of "solicitor" insert after "Session" -
"and shall include a registered foreign lawyer to whom these rules apply in terms of rule 4(2) or (3) of the 2005 Rules".
35 In rule 2(1) in the definition of "principal" insert after "partnership" –
"or a member of a multi-national practice"
36 In rule 2(1) in the definition of "practice unit" insert after "practice" –
"or a Scottish multi-national practice (as defined in rule 7(1) of the 2005 Rules)".
Solicitors (Scotland) (Restriction on Practice) Practice Rules 2001
37 In rule 2(1) insert after "requires" -
""2005 Rules" means the Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005;".
38 In rule 2(1) in the definition of "solicitor" insert after "Act" -
"and shall include a registered foreign lawyer to whom these rules apply in terms of rule 4(2) or (3) of the 2005 Rules".
39 In rule 2(1) in the definition of "principal" insert after "partnership" –
"or a solicitor who is a member of a Scottish multi-national practice (as defined by rule 7(1) of the 2005 Rules)".
Solicitors (Scotland) (Civil Legal Aid and Advice and Assistance) Practice Rules 2003
40 In rule 2(1) in the definition of "associated solicitor" insert after paragraph (c) –
"(ca) is a member of a practice unit where that practice unit is a multi-national practice,"
41 In rule 2(1) in the definition of "practice unit" insert after "practice" where it appears the second time –
"and also includes a multi-national practice"
42 In rule 3(3) delete "or incorporated practice" and insert –
", incorporated practice or multi-national practice"
Solicitors (Scotland) (Client Communication) (Residential Conveyancing) Practice Rules 2003
43 In rule 2(1) insert after "requires" -
""2005 Rules" means the Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005;".
44 In rule 2(1) in the definition of "solicitor" insert after "practice" -
"and shall include a registered foreign lawyer to whom these rules apply in terms of rule 4(2) or (3) of the 2005 Rules and Scottish multi-national practice (as defined by rule 7(1) of the 2005 Rules)".
Solicitors (Scotland) (Cross Border Code of Conduct) Practice Rules 2003
45 In rule 2(1) in the definition of “solicitor” insert after “practice” –
“and also includes a registered foreign lawyer and a multi-national practice.”.
Solicitors (Scotland) (Incidental Financial Business) Practice Rules 2004
46 In rule 2(1) insert after "requires" -
""2005 Rules" means the Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005;".
47 In rule 2(1) in the definition of "firm" insert after "practice" –
"and also includes a Scottish multi-national practice (as defined in rule 7(1) of the 2005 Rules)"
48 In rule 2(1) in the definition of "officer" insert after "partnership" the third time it appears –
"or a member of a multi-national practice"
49 In rule 2(1) in the definition of "solicitor" insert after "Act" -
"and shall include a registered foreign lawyer to whom these rules apply in terms of rule 4(2) or (3) of the 2005 Rules".
50 In rule 9 insert after paragraph (7) –
"(7A) An incidental financial business licence granted to a multi-national practice which is a body corporate shall be suspended automatically on the occurrence in relation to that multi-national practice of any of the events specified in relation to incorporated practices in section 18(1A) of the 1980 Act."
Solicitors (Scotland) (Restriction on Association) Practice Rules 2004
51 In rule 2(1) in the definition of “solicitor” insert after “association of solicitors” –
“and also includes a registered foreign lawyer and a multi-national practice”.
52 In rule 3, insert after "solicitor" the fourth time it appears –
"or whose name has been removed from the register of foreign lawyers by the Scottish Solicitors' Discipline Tribunal or whose certificate of registration as a registered foreign lawyer has been suspended in accordance with section 24F of the Solicitors (Scotland) Act 1980".
[Solicitors (Scotland) (Client Care) Practice Rules 2005
53 In rule 2(1) insert after "requires" -
""2005 Rules" means the Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005;".
54 In rule 2(1) in the definition of "practice unit" insert after "practice" the second time it appears -
"and shall include a Scottish multi-national practice (as defined in rule 7(1) of the 2005 Rules)".]
[Solicitors (Scotland) (Client Communication) Practice Rules 2005
55 In rule 2(1) insert after "requires" -
""2005 Rules" means the Solicitors (Scotland) (Registered Foreign Lawyers) etc Practice Rules 2005;".
56 In rule 2(1) in the definition of "solicitor" insert after "practice" –
" and shall include a registered foreign lawyer to whom these rules apply in terms of rule 4(2) or (3) of the 2005 Rules and a Scottish multi-national practice (as defined in rule 7(1) of the 2005 Rules)".]
Schedule 6 Rule 6
Provisions of Admission Regulations applicable to registered foreign lawyers in terms of rule 6
1 The Council shall be entitled to require the evidence of a registered foreign lawyer in terms of regulations 16(1) and 35 of the Admission Regulations as if he were a solicitor (as defined in the Admission Regulations).
2 A registered foreign lawyer shall be responsible, as a member of a multi-national practice, for the compliance of that multi-national practice with any obligation placed upon it by the Admission Regulations as a training solicitor, including without limitation the obligations placed upon it by regulations 13(1), 13(2), 16(1), 16(3), 16(5), 16(7), 17, 35, 36(3) and 37(2).
