SETTING STANDARDS FOR SOLICITORS IN SCOTLAND Welcome, to this short questionnaire asking you about the 'standards' for solicitors in Scotland. We would be grateful for your feedback, and want to gain the views of solicitors and clients, as well as other interested groups.  You can help us to ensure we clearly set out a defined set of standards which everyone understands, and that everyone is confident will be met each time a legal service is provided by a solicitor. Details of the project, and a full draft of the proposed standards, can be found on the Society’s website  (www.lawscot.org.uk - look for the link on the homepage).  You may wish to have a look at these before responding, or you may prefer just to answer the quick questions within this questionnaire. Answers are submitted in confidence, and the Society will not report in a way that identifies individuals or organisations.  However, we will make public the overall findings of this study. Once you complete each page click the 'next' button at the bottom right of the screen to progress to the next set of questions. INSTRUCTIONS The questionnaire is divided into four sections:   1.  Some information on you - which we need to check that we are gaining a range of views   2.  Getting your feedback on standards of SERVICE     3.  Getting your feedback on standards of CONDUCT   4.  Final comments  - your chance to raise any issue you wish The questionnaire should take 10 minutes or less to complete - a ‘progress bar’ at the bottom of the screen will keep you up-to-date with how far through you are. If you wish to give more detailed responses there are several opportunities for free-text comments.  These are optional.  The most important thing is that you progress right through the questionnaire to give us comment on each statement. Finally, THANK YOU FOR YOUR TIME.  If you have any questions on completing this questionnaire please contact Neil Alan Stevenson, Head of Strategic Change (neilstevenson@lawscot.org.uk).  If your question is on the 'Standards' project please contact Phil Yelland, Director of Regulation (philipyelland@lawscot.org.uk).  The Society's switchboard can put you through to Neil or Phil (0131 226 7411). SECTION ONE - SOME INFORMATION ON YOU... We are collecting this data so we can better understand the responses, and to make sure we get a balance of views from the public, the profession, and different backgrounds and experience.   First name   Surname   E-mail address   Please supply the first half of you postcode (i.e. EH1 or DD6)   If you are responding on behalf of an organisation, please provide the name of the business/association   Are you male or female?   Female   Male   We are not collecting other 'tick box' data on equal opportunities, but would be grateful if you let us know any personal factors which may influence your response (eg. your experience as a solicitor/client with a disability)   Do you work in the legal profession, either in the UK or elsewhere?   Yes   No SECTION ONE - SOME INFORMATION ON YOU (cont.) ...   Which statement best describes your current role?   --Click Here--Solicitor - ScotlandSolicitor - England and WalesSolicitor - other EUSolicitor - elsewhereAdvocate - ScotlandBarrister - England and WalesAdvocate / Barrister - EUAdvocate / Barrister - elsewhereJudgeParalegalLegal AcademicOther   How many years post qualification experience do you have ?   --Click Here--1 - 5 years6 - 10 years11 - 15 years16 - 20 years21 - 25 years26 - 30 years31 - 35 years35 - 40 years40 years + SECTION ONE - SOME INFORMATION ON YOU (cont.) ...   What is your current work status ?   --Click Here--Employed - full-timeEmployed - part-timeSelf-employedHouse husband/wifeRetiredUnemployed   If employed, what best describes your current role?   --Click Here--Unskilled labourSkilled labourTradeOffice/AdminManagerialProfessional   Have you used a Scottish solicitor, in the last five years... (tick all that apply)   To advise you as an individual   To advise your family To advise you as a self-employed worker To advise an organisation you own To advise an organisation in which you work I've not used a Scottish solicitor in the last 5 years SECTION TWO - STANDARDS OF SERVICE NOTE: This section looks at the SERVICE provided by a law firm and solicitor, which you should be able to expect every time you seek advice.   How IMPORTANT do you feel the following standards are in relation to the SERVICE provided by a law firm and solicitor ?   Very important   Important   Neutral   Not particularly important   Unimportant   I have no view   COMPETENCE - solicitors must know and apply the relevant law, keep up-to-date, and ensure that those to whom work is delegated are properly trained and supervised             RESPECT - solicitors must treat each person as an individual and recognise diversity, different cultures and values             DILIGENCE - solicitors must deliver on commitments, act in the best interests of each client, maintain and review systems of work, and have prompt and transparent fee arrangements             COMMUNICATION - solicitors must use language and explanations which are clear to the client and agree on the means and frequency of communication             TERMS OF SERVICE - solicitors must provide a clear ‘letter of engagement’ explaining and defining the service to be carried out, how that work will be carried out, who is responsible and the cost associated with the service, and how complaints will be handled in the event of dissatisfaction           SECTION TWO - STANDARDS OF SERVICE cont. Are there any areas you think should be covered by the SERVICE section of the code, but which are not mentioned here ? The Society is committed to ensuring equality and diversity issues are considered in all our work.  Do you think that any groups may be affected more than others by the standards set out in relation to SERVICE ? Do you have any other comments regarding this section of the questionnaire? SECTION THREE - STANDARDS OF CONDUCT (BEHAVIOUR) NOTE: This section looks at the CONDUCT (behaviour) of individual solicitors   How IMPORTANT do you feel the following standards are in relation to the CONDUCT (behaviour) of individual solicitors ?   Very important   Important   Neutral   Not particularly important   Unimportant   I have no view   THE INTERESTS OF THE CLIENT -  Solicitors must always act in the best interests of their clients, as long as this does not compromise a legal or professional requirement             WORKING FOR CLIENTS - Solicitors are agents for their clients and must at all times have the authority of the clients to act             WITHDRAWING FROM ACTING - Solicitors shall not cease to act for clients without good reason, or in a manner which would prejudice the course of justice.             PROFESSIONAL FEES - Solicitors shall only charge fees for work carried out which are  fair and reasonable in all the circumstances             CONFLICT OF INTEREST - Solicitors shall not act for two or more clients in matters where there is a conflict of interest between the clients, or between the client and the firm             DISCLOSURE OF INTEREST - Solicitors must notify the client as soon as possible if they have any personal or financial interest in a matter they are consulted on             RELATIONS BETWEEN SOLICITORS - Solicitors must act appropriately with other solicitors, never knowingly misleading them, or going back on an assurance given             RELATIONS WITH THE COURTS - Solicitors must never knowingly give false or misleading information to the court and must maintain respect and courtesy towards the court while pursuing the interests of their client             CONFIDENTIALITY - Solicitors must maintain client confidentiality at all times, unless required to do otherwise by law             INDEPENDENCE - Solicitors must give independent advice to clients, free from external influences or personal interest             TRUST AND PERSONAL INTEGRITY - Solicitors must act honestly at all times and in such a way as to put their personal integrity beyond question           SECTION THREE - STANDARDS OF CONDUCT (BEHAVIOUR) cont. Are there any areas you think should be covered by the CONDUCT section of the code, but which are not mentioned here ? The Society is committed to ensuring equality and diversity issues are considered in all our work.  Do you think that any groups may be affected more than others by the standards set out in relation to CONDUCT ? Do you have any other comments regarding this section of the questionnaire? SECTION FOUR - FINAL COMMENTS   Please rate your agreement with the following statements:   Strongly Agree   Agree   Neutral   Disagree   Strongly Disagree   I have no view   This combined set of standards will help ensure that clients receive an appropriate service from all Scottish solicitors             This combined set of standards will give clear guidance to solicitors as to what is expected of them             The standards cover all areas I would expect to see in a professional code             I believe that consulting on these standards will help increase public respect for the profession             I believe that ensuring these standards are met will help increase public respect for the profession           Do you have any other comments you would like to add at this time ? WHAT NEXT ? Your responses will NOT be uploaded to the main database until you click the 'submit' button at the bottom right of this screen. PLEASE click only ONCE and WAIT until you see the confirmation message before closing your browser; otherwise we cannot guarantee your responses will be logged. We also recommend that you keep a copy of your responses - to do so, click the 'print' button BEFORE submitting your response   Responses will be logged over, after that we would hope to analyse the results and publish findings within around six weeks.  A summary report will be available from our website after that time.   If you have any questions on completing this questionnaire please contact Neil Alan Stevenson, Head of Strategic Change (neilstevenson@lawscot.org.uk).  If your question is on the 'Standards' project please contact Phil Yelland, Director of Regulation (philipyelland@lawscot.org.uk).  The Society's switchboard can put you through to Neil or Phil (0131 226 7411).   THANK YOU for your time in completing this.

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