Solicitors (Scotland) Act 1980

Restriction on rights of practising S

26 Offence for solicitors to act as agents for unqualified persons. S

(1) Any solicitor to whom this subsection applies who [F1 or incorporated practice which] upon the account or for the profit of any unqualified person—

(a) acts as agent in any action or proceedings in any court, or

(b) permits or suffers his [F1 or, as the case may be, its] name to be made use of in any way in any such action or proceedings; or

(c) [F2 subject to subsection (4),] draws or prepares any writ to which section 32 applies, or

(d) [F3 subject to subsection (4),] permits or suffers his [F1 or, as the case may be, its] name to be made use of in the drawing or preparing of any such writ; or

(e) does any other act to enable that person to appear, act or practise in any respect as a solicitor or notary public,

knowing that person not to be a qualified solicitor or notary public, as the case may be, shall be guilty of an offence.

(2) Subsection (1) applies to any solicitor, not being a solicitor who is employed full-time on a fixed salary by a body corporate [F4 or employed by a law centre.]

(3) In this section “person” includes a body corporate [F5 but “unqualified person” does not include an incorporated practice].

[F6 (4) Subsection (1)(c) and (d) shall not apply in relation to—

(a) writs relating to heritable or moveable property drawn or prepared upon the account of or for the profit of independent qualified conveyancers providing conveyancing services within the meaning of section 23 (interpretation of sections 16 to 22) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; or

(b) papers to found or oppose an application for a grant of confirmation in favour of executors drawn or prepared upon the account of or for the profit of an executry practitioner or recognised financial institution providing executry services within the meaning of the said section 23.]

Textual Amendments

F1 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 4(a)

F2 Words inserted (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 8 Pt. II para. 29(5)(a)

F3 Words inserted (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 8 Pt. II para. 29(5)(b)

F4 Words inserted (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 8 Pt. II para. 29(5)(c)

F5 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 4(b)

F6 S. 26(4) inserted (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 8 Pt. II para. 29(5)(d)

[F7 27 Offence for solicitors to share fees with unqualified persons. S

(1) Subject to subsection (2) any solicitor [F8 or incorporated practice] who shares with an unqualified person any profits or fees derived from any solicitor’s business transacted by him [F8 or, as the case may be, it] shall be guilty of an offence.

(2) Subsection (1) does not apply to a solicitor [F9 or incorporated practice] sharing the profits or fees derived from such a business with—

(a) a person who has ceased to practice as a solicitor if such share—

(i) is in respect of the price or value of the business transferred by that person to him [F9 or, as the case may be, to it]; or

(ii) is a voluntary or other allowance made to that person as a former partner in the business [F9 or former director of the incorporated practice]; or

(b) the widow, heirs, executors, representatives, next of kin, or dependents of any deceased solicitor who was a partner in the business [F9 or, as the case may be, a director or member of the incorporated practice] at the date of his death, or whose business he [F9 or, as the case may be, it] has purchased or succeeded to; or

(c) any clerk or assistant who is wholly employed by him [F9 or, as the case may be, it] if such share is a salary partly or wholly paid on the basis of a percentage of those profits; or

(d) any public officer if such share is in respect of work done in the course of his duty; or

(e) a person qualified to act as a solicitor in some part of the United Kingdom other than Scotland or in any British possession if such share is paid in accordance with an agreement between them for sharing fees.

(3) In paragraph (e) of subsection (2), “British possession” means any part of Her Majesty’s dominions outside the United Kingdom as at 1st March 1934.]

Textual Amendments

F7 S. 27 repealed (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 9

F8 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 5(a)

F9 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 5(b)

28 Offence for solicitors who are disqualified to seek employment without informing employer. S

Any person who—

(a) has been struck off the roll; or

(b) suspended from practice as a solicitor,

and while so disqualified from practice seeks or acceps employment by a solicitor in connection with that solicitors practice [F10 or by an incorporated practice] without previously informing him [F11 or, as the case may be, it] that he is so disqualified, shall be guilty of an offence.

Textual Amendments

F10 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 6(a)

F11 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 6(b)

[F12 29 Restriction on borrowing processes. S

(1) A solicitor shall not be entitled to borrow the process in any proceedings depending before the Court unless he has a place of business in Edinburgh.

(2) A solicitor shall not be entitled to borrow the process in any proceedings depending before an inferior court unless he has a place of business within the jurisdiction of that court.]

Textual Amendments

F12 S. 29 repealed (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 39, 74, 75(2), Sch. 9

30 Liability for fees of other solicitor. S

Where a solicitor [F13 or an incorporated practice], authorised by and acting for a client employs another solicitor [F14 or incorporated practice] he [F15 or, as the case may be, it] shall (whether or not he [F15 or, as the case may be, it] discloses the client) be liable to the other solicitor [F14 or incorporated practice] for that other solicitor’s [F16 or incorporated practice’s] fees and outlays, unless at the time of the employment he [F15 or, as the case may be, it] expressly disclaims any such liability.

Textual Amendments

F13 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 7(a)

F14 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 7(b)

F15 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 7(c)

F16 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 7(d)

Modifications etc. (not altering text)

C1 S. 30 applied (with modifications) (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations (S.S.I. 2004/383), {reg. 13}