Section C: Specialities

When conducting cross-border practice you shall observe and be bound by the terms of the Code at all times.

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. When engaged in cross-border practice you must comply with rule C1 instead

This rule 2 makes provision for the carrying on by practice units of incidental financial business.

An individual solicitor or firm of solicitors can undertake certain regulated activities and thereby be exempt from the requirement to be authorised by the FSA if that solicitor/firm is licensed by the Society under Part XX of the Financial Services and Markets Act 2000.

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.

The regulatory regime for consumer credit work changed on 1 April 2014.

There are two Incidental Financial Business Forms

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

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.

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

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

Course of Training in Evidence, Pleading and Procedure The following matters are to be included in the course of training

Course of Training in Evidence and Pleading. The following matters are to be included in the course of training

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

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;

Course of Training in Evidence, Pleading and Procedure. The following matters are to be included in the course of training

For information on how to seek appointment as King's Counsel see the Guidance Notes and Application Form on the Scottish Courts Website

There are two forms: Application for Extended Rights of Audience (Civil Courts) – ROA1 Application for Extended Rights of Audience (Criminal Courts) – ROA2