The fit and proper person test

A person cannot be admitted as a solicitor unless they are deemed to be a 'fit and proper person to be a solicitor'.

Every person who practises as a solicitor in Scotland maintains the standards of honesty, integrity and professionalism that the public and other members of the profession expect.

Any person who practises as a solicitor in Scotland must be competent to do so and should not pose a risk to their clients, the public or other members of the profession.

The Society has issued guidance as to how fitness and properness will be addressed at the following stages:

  • application for an entrance certificate
  • admission to the roll for the first time
  • application for restoration to the roll at any time
  • application for a practising certificate having not held one for 12 months or more

This guidance seeks to set out:

  • the Society's key indicators of a fit and proper person
  • matters which might cause concern as to a person's fitness and properness
  • the process of application

The guidance is available here.

The Society has reviewed its guidance to take into account the recent amendments to the Disclosure Scotland processes arising from The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013.  Applicants should bear this in mind when completing any application form or making any declaration to the Society.

 

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