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.
You must be trustworthy and act honestly at all times so that your personal integrity is beyond question.
You must give independent advice free from external influences or personal interests which are inconsistent with these standards.
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.
You are the agent of your client and must have the authority of your client for your actings. You must not accept improper instructions
You must maintain client confidentiality.
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.
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.
You must communicate effectively with your clients and others
You must only act in those matters where you are competent to do so.
The fees you charge must be fair and reasonable in all the circumstances.
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.
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.
You must act with other regulated persons in a manner consistent with persons having mutual trust and confidence in each other.
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
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.
Outsourcers should give independent advice
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.
You are reminded that a solicitor must (a) have instructions from his or her client and (b) be satisfied when taking instructions, that his or her client has the capacity to give instructions to relation to that matter
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;
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.
Criminal solicitors to notify ICO under Data Protection Act The Society continues to receive enquiries, especially from criminal practitioners, about whether they should have notified the Information Commissioner's Office (ICO) under the Data Protection Act.
The law and the legal profession are of significant interest to the media and their readers, listeners and viewers.
You must maintain client confidentiality.
B1.7: Conflict of Interest in relation to Outsourcing
Obligation on outsourcers to disclose interests
Guidance for solicitors providing advice on dispute resolution procedures
Change in Specialism by Means of a Conversion Course The Society is keen to make the professional support it offers to members, through the challenges of the recession, as relevant as possible.
Check the skills of outsourced providers
Defenders Contacting Pursuers' Agents Direct 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.
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.
Diversity - Outsourcing
Advice and Information
Data protection - good practice Note issued by the information commissioner
Consent Form produced by the Scottish Executive Health Department, the British Medical Association and the Law Society of Scotland
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.