Law Society of Scotland
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Unrepresented Signatories

  • Sending Documents to Unrepresented Party for Signature

Sending Documents to Unrepresented Party

In April 1998 the Committee published a Guideline on the question of documents being signed by unrepresented parties. In response to views expressed by the profession, the Committee have amended that Guideline so that it now matches more exactly the wording of the Practice Rule. An additional paragraph has been added at the end advising that notice may be given in a separate letter or contained within the document to be signed. The full text of the amended Guideline is as follows:

Rule 7 of the Solicitors (Scotland) Practice Rules 1986 the Conflict of Interest Rules requires a solicitor dealing with an unrepresented party in a transaction involving heritable property to advise the unrepresented party in writing when issuing any deed, missive or other document for signature that signature will have legal consequences and the party should take independent legal advice before signing it. There is no equivalent Rule for other types of transaction.

The Professional Practice Committee have agreed that there is no justification for distinguishing between transactions involving heritable property and other types of transaction, and have decided that as a matter of proper practice solicitors dealing with unrepresented parties in any kind of transaction on behalf of a client should not issue any document for signature by the unrepresented party without advising that party in writing that signature may have legal consequences and to take independent legal advice before signing it. Such a notice may be in a separate letter or may be contained within the document to be signed. It does not require to be acknowledged.