Rule B1: Standards of Conduct
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Save when and to the extent engaged in cross-border practice you shall comply with the standards of conduct set out in this rule 1.
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You must be trustworthy and act honestly at all times so that your personal integrity is beyond question.
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You must give independent advice free from external influences or personal interests which are inconsistent with these standards.
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You must act in the best interests of your clients subject to preserving your independence and complying with the law, these rules and the principles of good professional conduct.
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You are the agent of your client and must have the authority of your client for your actings. You must not accept improper instructions
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You must maintain client confidentiality.
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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.
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Where you are consulted about a matter in which you have, or your practice unit has, a personal or a financial interest, the position must be made clear to the client as soon as possible.
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You must communicate effectively with your clients and others
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You must only act in those matters where you are competent to do so.
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The fees you charge must be fair and reasonable in all the circumstances.
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You must not cease to act for clients without just cause and without giving reasonable notice, or in a manner which would prejudice the course of justice.
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You must never knowingly give false or misleading information to the court. You must maintain due respect and courtesy towards the court while honourably pursuing the interests of your clients.
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You must act with other regulated persons in a manner consistent with persons having mutual trust and confidence in each other.
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You must not discriminate on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation in your professional dealings with other lawyers, clients, employees or others
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Practice rule imposing duty to Co-operate with the Society
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Practice rule on duty to co-operate with the SLCC
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You should never attempt to prevent or discourage clients or others from making complaints to the Scottish Legal Complaints Commission whether by means of provisions in your Terms of Business, or by any other means. Any attempt to do so may call into question your compliance with the Standards of Conduct.
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The standards of conduct contained in rule B1 do not apply when you are engaged in cross-border practice. Note that this term does not encompass transactions or activity between the constituent parts of the United Kingdom.
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Outsourcers should give independent advice
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Supervision of non-solicitor employees It is emphasised that the obligation in rule B1.4.1 (to "act in the best interests of your clients subject to preserving your independence and complying with the law, these rules and the principles of good professional conduct") extends to practice units as well as individual solicitors.
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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.
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Signature of Certificates on Powers of Attorney - Trainee Solicitors Sections 15, 16 and 16A of the Adults with Incapacity (Scotland) Act 2000 provide that a continuing power of attorney or a welfare power of attorney must incorporate a certificate by a practising solicitor or a doctor that the solicitor or doctor has interviewed the granter immediately before he or she signed the documents;
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Vulnerable clients
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Confidentiality is related to conflict of interest but is also a separate and distinct question. The position is set out in rule B1.6 which states "You must maintain client confidentiality. This duty is not terminated by the passage of time.
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The law and the legal profession are of significant interest to the media and their readers, listeners and viewers.
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You must maintain client confidentiality.
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B1.7: Conflict of Interest in relation to Outsourcing
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Obligation on outsourcers to disclose interests
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Guidance for solicitors providing advice on dispute resolution procedures
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Check the skills of outsourced providers
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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.
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The Professional Practice Committee and the Council confirm that where money or deeds are sent to be held as undelivered pending purification of a condition, they should be so held if the condition is not purified. Settlement will not take place until they can be treated as delivered.
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Diversity - Outsourcing
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Data protection - good practice Note issued by the information commissioner
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Consent Form produced by the British Medical Association
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Ensuring fairness, creating opportunities. This is a practical guide for firms. It covers how firms can improve practice, broaden skills and develop new business by understanding the needs of different clients and staff. An additional supplement focuses on the specific of access for people with disabilities.
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Advice and Information related to rule on duty to co-operate with the SLCC
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