Law Society of Scotland
This information reflects the Society's web site at the date you downloaded or printed it and you should check at www.lawscot.org.uk to see if it is still current.

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Introduction

As well as representing its members, the Society promotes the interests of the public in relation to the solicitors’ profession.

This section includes information on using a solicitor and the robust protections provided for consumers. More details are contained in the Using a Solicitor section. Overviews of the Legal Aid system and Law for Children are also available, as are current and archived consultations.

The vast majority of people who consult a solicitor will be satisfied with the service they receive. Occasionally, there is a problem and people may wish to register a complaint. Full details are available in the Complaints Against Scottish Solicitors section.

If you need to locate a solicitor in your area you can search the Society's records by town or postcode. See Find a solicitor


Consumer and Professional Protection

Scottish solicitors, with the support and guidance of the Society, strive to ensure that their clients receive a quality service. This is supported by the training requirements and standards met by Scottish solicitors. A number of measures are also in place to provide consumers with unrivalled protection.

Master Policy

The Society arranges professional indemnity insurance for all Scottish solicitors in private practice. Known as the Master Policy, this provides insurance against losses caused by a solicitor’s negligence. Well founded claims are met even when the firm no longer exists and the solicitor is unable to pay. Claims are handled by solicitors appointed by the Master Policy insurers. A Master Policy Information Sheet is available with more detailed information.

Clients who would like advice on whether they have a valid claim can consult a member of the Pursuers Panel, which consists of six solicitors with expertise in dealing with professional negligence claims against other solicitors. The panel assists members of the public with advice about potential claims for negligence and will also pursue well founded claims on their behalf. A Pursuers Panel Information Sheet is available with more detailed information.

Scottish Solicitors’ Guarantee Fund

The Society administers the Scottish Solicitors’ Guarantee Fund, which is a unique consumer protection. The fund, to which all Scottish solicitors' firms contribute, is used to reimburse clients who have suffered monetary loss because of the dishonesty of a solicitor or their staff. More information on making a claim and financial compliance is available in the Guarantee Fund section.

Interventions

The Society’s ruling Council appoints the Interventions Department to make arrangements for client files where a sole solicitor has ceased trading without making such arrangements, for whatever reason. The aim is to protect the interests of clients and, where possible, put them in touch with other solicitors.

Judicial Factor

On occasions, it is found that a firm’s accounting records have not been kept properly. Rarely, it may be suspected that client money is missing. To protect clients, the Society asks the Court of Session to appoint the Judicial Factor to examine the firm’s records. The Judicial Factor will reassure clients that business is ongoing and, where necessary, try to put them in touch with other solicitors. An Information Sheet can be downloaded as a .pdf from the menu on the right.