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Cheques and Electronic Funds to be Held as Undelivered

Category: Guidance
Where postal settlement of a transaction is envisaged, good practice is to agree in advance the arrangements for the sending of and intromission with funds and other settlement items.

Citation and Commencement

Category: Rule
These rules may be cited as the Law Society of Scotland Practice Rules 2011. These rules shall come into operation on 1 November 2011.

Civil Legal Aid

Category: Rule
(a) grant any application for advice and assistance; (b) sign any application for civil legal aid as a practising solicitor nominated by the applicant;

Civil Legal Aid - reminder to designate and notify Compliance Manager

Category: Alert
Practice units providing civil legal aid are reminded that they will need to nominate a manager (partner) as Compliance Manager

Client Communication

Category: Rule
When tendering for business or at the earliest practical opportunity upon receiving instructions to undertake any work on behalf of a client, you shall provide the following information to the client in writing:

Client Communication Generally

Category: Guidance
This rule requires solicitors to provide information in writing to clients about certain specific matters namely

Client Relations Manager

Category: Rule
By each date set out in rule 5.2.2 a practice unit shall designate one of its managers as its Client Relations Manager, who shall be responsible for dealing with complaints made to that practice unit.

Client Relations Manager

Category: Guidance
1. Records to be kept (Rule B5.5.1) It is not intended that the record keeping exercise should simply be an administrative one.

Cloud Computing

Category: Advice and Information
Cloud systems may provide an alternative means of storing and processing data.

Code of Conduct for Criminal Work

Category: Guidance
The following Code contains a statement of good practice for those solicitors conducting criminal work. It does not have the status of a Practice Rule but may be referred to for guidance in assessing whether a solicitor’s conduct meets the standard required of a member of the profession.

Communication and Notices

Category: Rule
Subject to rule 7.2, where any of these rules permits or requires the Society or the Council to give or send a notice to, or serve a notice on, any person then such notice shall be:

Company Audit Enquiries

Category: Guidance
You must maintain client confidentiality.

Competence, diligence and appropriate skills

Category: Rule
You must only act in those matters where you are competent to do so.

Competence, diligence and appropriate skills - outsourcing

Category: Guidance
Check the skills of outsourced providers

Conduct of Solicitor Advocates

Category: Rule
Propriety of conduct 4.4.2 Where you are in any doubt as to the propriety of any course of conduct you should: (a) seek the advice of the Secretary;

Confidentiality - Standards of Conduct

Category: Rule
You must maintain client confidentiality.

Conflict of Interest

Category: Rule
You must not act for two or more clients in matters where there is a conflict of interest between the clients or for any client where there is a conflict between the interest of the client and your interest or that of your practice unit.

Conflict of Interest Generally, Guidance Related to Rule B2.1

Category: Guidance
Conflict of Interest Generally It is a well established principle that solicitors should not act for clients where there is a conflict of interest between them. This is codified in rule B2.1.2 which states that "You shall not act for two or more parties whose interests conflict."

Conflict of Interest in Commercial Securities

Category: Guidance
The Society believes that a definition of a commercial security transaction is helpful: "A commercial security transaction relates to the secured lending to a customer of a bank or other lending institution where the purpose of the loan is clearly for the customer's business purposes".

Conflict of Interest in relation to Outsourcing

Category: Guidance
B1.7: Conflict of Interest in relation to Outsourcing

Conflict of Interest, Rule B2.1

Category: Rule
You shall not act for two or more parties whose interests conflict.

Consent Form - Access to Medical Records

Category: Advice and Information
Consent Form produced by the British Medical Association

Contact from Opponent’s Client

Category: Guidance
Contact from Opponent’s Client It has come to the attention of the Professional Practice Committee that there is an increasing tendency for Defenders to telephone Pursuers' agents direct to discuss active cases.

Contaminated Land

Category: Guidance
The Society's Professional Practice and Property Law Committee’s view is that if a solicitor does not feel qualified to comment on environmental matters.
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For assistance with any query related to rules, guidance or any related item please contact the Professional Practice team on profprac@lawscot.org.uk or call 0131 226 8896

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