Rules
B1.1: Application
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.
B1.2: Trust and personal integrity
You must be trustworthy and act honestly at all times so that your personal integrity is beyond question.
B1.3: Independence
You must give independent advice free from external influences or personal interests which are inconsistent with these standards.
B1.4: The interests of the client
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.
B1.5: Proper instructions
You are the agent of your client and must have the authority of your client for your actings. You must not accept improper instructions
B1.6: Confidentiality
You must maintain client confidentiality.
B1.7: Conflict of Interest
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.
B1.8: Disclosure of Interest
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.
B1.9: Effective communication
You must communicate effectively with your clients and others
B1.10: Competence, diligence and appropriate skills
You must only act in those matters where you are competent to do so.
B1.11: Professional fees
The fees you charge must be fair and reasonable in all the circumstances.
B1.12: Withdrawing from acting if instructions are accepted
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.
B1.13: Relations with the courts
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.
B1.14: Relations between regulated persons
You must act with other regulated persons in a manner consistent with persons having mutual trust and confidence in each other.
B1.15: Diversity
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
Guidance
B1.1: Application
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.
B1.3: Independence - outsourcing
Outsourcers should give independent advice
B1.4: The interests of the client
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.
B1.5: Mandates and Mental Capacity
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
B1.5: Adults with Incapacity (Scotland) Act 2000
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;
B1.5: Vulnerable Clients Guidance
Vulnerable Clients
B1.6: Confidentiality Generally
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.
B1.6: Confidentiality: Notifications to ICO
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.
B1.6: Comments to the Media by Solicitors
The law and the legal profession are of significant interest to the media and their readers, listeners and viewers.
B1.6: Company Audit Enquiries
You must maintain client confidentiality.
B1.7: Conflict of Interest in relation to Outsourcing
B1.7: Conflict of Interest in relation to Outsourcing
B1.8 Disclosure of Interest - Outsourcing
Obligation on outsourcers to disclose interests
B1.9: Dispute Resolution
Guidance for solicitors providing advice on dispute resolution procedures
B1.10: Competence, diligence and appropriate skills
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.
B1.10: Competence, diligence and appropriate skills - outsourcing
Check the skills of outsourced providers
B1.14: Defenders Contacting Pursuers' Agents Direct
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.
B1.14: Settlements - Holding Items as Undelivered
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.
B1.15: Diversity - Outsourcing
Diversity - Outsourcing
Advice and Information
B1.6: Notifications to ICO under the Data Protection Act
Data protection - good practice Note issued by the information commissioner
B1.6: Consent Form - Access to Medical Records
Consent Form produced by the Scottish Executive Health Department, the British Medical Association and the Law Society of Scotland
B1.15: Diversity
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.
