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Order of Precedence, Instructions and Representation

Category: Rule
Where a solicitor advocate accepts instructions to appear in a Superior Court, those instructions shall: (i) take precedence over any other professional obligation;

Outsourcing

Category: Guidance
Outsourcing – prof indemnity insurance

Outsourcing

Category: Advice and Information
Outsourcing – practical considerations and case studies

Ownership and Destruction of Files

Category: Guidance
Who owns what in files? The answer is not entirely straightforward and, drawing on the opinion of Counsel, the Society has produced this guidance which we hope will deal with the main queries which arise

PC Renewal

Category: Guidance
Practising certificate renewal or PC renewal is required on expiry of existing certificates on 31 October in each year. On this page are a variety of links dealing with PC renewal.

Peer Review Criteria Guidance

Category: Guidance
This guidance is issued by the Council of the Law Society of Scotland in terms of Rule C3 of the Law Society of Scotland Practice Rules 2011, in order to set out the standards expected of solicitors and practice units in relation to the carrying out of civil legal assistance work. In providing civil legal assistance, solicitors are required to comply with these guidelines.

Pension Sharing on Divorce

Category: Guidance
Under the Welfare Reform and Pensions Act 1999 the following guidance in relation to the requirements of the financial services legislation has been given to the Society. There are three stages to be considered separately in this area.

Police Station Advice

Category: Advice and Information
Advice and information for solicitors attending and advising clients at police stations.

Postal Settlement

Category: Guidance
Where postal settlement is envisaged, the seller's Solicitor should send the executed deed and deliverable title deeds

Practice management course

Category: Rule
Subject to rule 2.2.3, if you become a manager of a practice unit you shall be obliged to attend a practice management course within a period not exceeding twelve months after the date on which you became such a manager, or such other period as may be determined by the Council in any particular case.

Practice Unit Information

Category: Rule
The managers of a practice unit which commences practice after the date these rules come into operation shall ensure that the Council is informed of such commencement of practice and certain information

Practice Unit Information Forms

Category: Forms and Fees
There are four Practice Unit Information Forms

Practising Certificates

Category: Rule
A solicitor who wishes to obtain a practising certificate for a practice year shall complete and submit an application in, or substantially in, such form as may be prescribed from time to time by the Council.

Pre Action Protocol – Insurer Members

Category: Advice and Information
This is a list of Insurance members who participate in the Pre-action Protocol.

Pre Action Protocol in Disease cases

Category: Advice and Information
The pre-action protocol was introduced as a framework for parties seeking to resolve disease cases by negotiation. Compliance with the Protocol is voluntary.

Pre Action Protocol in Professional Negligence Cases

Category: Advice and Information
The pre-action protocol was introduced as a framework for parties seeking to resolve professional negligence cases by negotiation. Compliance with the Protocol is voluntary.

Pre-nuptial, Cohabitation and Separation Agreements

Category: Guidance
After extensive discussion and consideration the view of the Society is that in general there is a clear conflict and the same solicitor should not advise both parties in relation to preparation of a cohabitation agreement

Price Transparency

Category: Guidance
This guidance, together with examples has been produced to promote price transparency and encourage practice units to proactively take steps to publish price information in a way that is easily accessible, prominent and understandable for consumers.

Proceeds of Crime Act 2002 and civil litigation

Category: Advice and Information
This note looks at the case of Bowman v Fels decided by the Court of Appeal in England on 8 March 2005 [2005] EWCA Civ 226. This case overturns the decision of the High Court in P v P decided in 2003.

Prohibition on Association with Disqualified Persons

Category: Rule
Without prejudice to the restrictions contained in section 47 of the 1980 Act (restrictions on employing solicitor struck off or suspended), you shall not, in connection with your practice as a regulated person, without the prior written permission of the Council, which may be given for such period and subject to such conditions as the Council thinks fit, associate in business with or provide facilities for any person whom you know to be a disqualified person.

Proper instructions

Category: Rule
You are the agent of your client and must have the authority of your client for your actings. You must not accept improper instructions

Proper Instructions

Category: Guidance
A solicitor must (a) have instructions from their client and (b) be satisfied when taking instructions that the client has the capacity to give instructions in relation to that matter.

Quality Assurance Scheme

Category: Advice and Information
The Law Society of Scotland is responsible for the quality assurance of civil legal assistance provided by solicitors through the legal aid scheme.

Registered European Lawyers Forms

Category: Forms and Fees
There are two relevant forms: Application for First Registration as a Registered European Lawyer – REL1 – this is the appropriate form if you are a European lawyer making your first application to be a registered European lawyer registered with the Law Society of Scotland.
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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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