Document Control and File Tracking 2008
The Society’s Professional Practice Committee has considered both the requirements and likely consequences of a formal recommendation in relation to Document Control and File Tracking made by the Scottish Legal Services Ombudsman in terms of Section 34B of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. Members of the Committee met with the Scottish Legal Services Ombudsman to discuss the issues further and the following guidance accommodates some of the Scottish Legal Services Ombudsman’s precise views on the matter of lost files, that she had identified as a persistent problem in the context of complaints by members of the public to the Law Society.
Guideline:
When a Solicitor takes control of files from another Solicitor for any reason and in any situation (including but not limited to receipt of files either in implement of a Mandate or where files are taken over from a ceased practice) the Solicitor receiving the files should keep a record of all the files received. This should include where the files are stored; such as within the office; electronically; off-site or with a named storage provider. The Solicitor who receives a Mandate should comply with the last paragraph under the heading "Receiving Mandates" of the Society’s
Guideline on Mandates 1998.
