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PART VI - GUARANTEE FUND

Only a relatively small number of solicitors ever need to know about or deal with a claim on behalf of a client of a former solicitor. This section helps by setting out the Rules and the Form of Application for each reference.

The Rules have a section headed Guarantee Fund. What does this cover?

You will see that this part covers the operation of the Scottish Solicitors’ Guarantee Fund, including how to make a claim against the Fund. Schedule IV of the Rules has the Form of Application which must be completed if a claim is to be considered.

Are there time limits to making a claim on the Fund?

Anyone who wishes to make a claim for a grant from the Fund should do so as soon as practicable and within twelve months of the date when the loss first came to their knowledge.

What else must be done to lodge a claim?

The person who suffered loss through dishonesty on the part of the solicitor or an employee in the conduct of the practice must have the application form notarised in the presence of a suitable person.

What happens then?

The claim is considered. Further enquiries may require to be made and more evidence may be requested before the Council consider the matter. The Council’s decision is intimated to the claimant and arrangements are made to pay the amount of any grant admitted by the Council.

FURTHER QUESTIONS

What if I have any questions about the Accounts etc. Rules 2001. Who should I contact?

Speak to the Chief Accountant, Leslie Cumming, or a member of his team, or write to him with your enquiry at 26 Drumsheugh Gardens, Edinburgh EH3 7YR.

Legal Post LP 1
Edinburgh 1

Box No DX ED 1
Edinburgh

Direct telephone: 0131 476 8172/8141
Direct Fax: 0131 476 8103
E-mail: lawscot@lawscot.org.uk
www.lawscot.org.uk