The Independent Qualified Conveyancers (Scotland) Regulations 1997

PART II GENERAL STANDARDS OF CONDUCT

General Principles

3.  In providing conveyancing services to a client, an independent qualified conveyancer shall at all times–

(a) observe the law; and

(b) ensure that he does not allow his independence to be impaired in any way,

and, subject to those general duties,

(c) provide adequate professional services;

(d) act in the best interests of his client;

(e) carry out his client’s instructions with the care and skill necessary to the matter in hand; and

(f) advise his client when his client’s instructions are in respect of matters outwith his knowledge or professional competence or when he is unable to provide adequate professional services or when his client should consider instructing another independent qualified person.

Confidentiality

4.—(1) An independent qualified conveyancer shall treat any communication made to or by him in the course of his acting as such for a client as confidential in like manner as if he had at all material times been a solicitor acting for the client.

(2) Paragraph (1) shall not prevent an independent qualified conveyancer from disclosing any such communication to a qualified person (“the relevant qualified person”), who is directing, supervising or carrying out the conveyancing services (or who may direct, supervise or carry out such services) for the client to whom the communication relates, insofar as the communication is relevant to the conveyancing transaction.

(3) An independent qualified conveyancer shall take all reasonable steps to ensure that the relevant qualified person is also required to comply with the obligation specified in paragraph (1), except that the relevant qualified person may disclose to the independent qualified conveyancer any communication which is relevant to the conveyancing transaction.

(4) The obligations referred to in paragraphs (1) and (3) shall not apply to any communication the disclosure of which has been agreed to in writing by the client.

Fees

5.  An independent qualified conveyancer shall ensure that the fees he charges for the conveyancing services provided for a client are fair and reasonable, having regard to:–

(a) the nature of the work done;

(b) the skill and time necessary to complete the work;

(c) the degree of urgency required by the client;

(d) the amount and value of any property or transaction involved; and

(e) any specialised or unusual knowledge required.

Tying-in

6.—(1) An independent qualified conveyancer shall not refuse to accept instructions to provide a client with conveyancing services on the ground that the client has declined to instruct that independent qualified conveyancer or an associate to provide any of the specified services.

(2) Where an independent qualified conveyancer provides any of the specified services in addition to conveyancing services, any material published by that independent qualified conveyancer for the purpose of advertising the conveyancing services shall make it clear that the conveyancing services may be provided to a client by that independent qualified conveyancer whether or not that independent qualified conveyancer also provides the client with any of the specified services.

(3) Before an independent qualified conveyancer accepts instructions from a client to provide conveyancing services, he shall ascertain–

(a) whether the client has been offered any of the specified services by an associate or by any other person; and, if so,

(b) whether the client has been offered those services on the express condition that he uses the independent qualified conveyancer for the provision of conveyancing services,

and the independent qualified conveyancer shall not knowingly act for such a client.

Independent financial advice

7.  An independent qualified conveyancer shall, before he accepts instructions from a client to provide conveyancing services, advise the client in the terms of engagement letter of his right to obtain independent financial advice in connection with the provision of those services or with any transaction to which those services relate and shall take no action to prevent the client obtaining such advice.

Duty to colleagues

8.—(1) An independent qualified conveyancer shall at all times not knowingly mislead other independent qualified conveyancers, solicitors executry practitioners or recognised financial institutions (“his colleagues”) or break any undertaking which he has given to his colleagues and shall act with his colleagues in a manner consistent with persons having mutual trust and confidence in each other.

(2) Where an independent qualified conveyancer authorised by and acting for a client employs or instructs another qualified conveyancer or a solicitor or an executry practitioner, or a recognised financial institution, he shall (whether or not he discloses the client) be liable to that other person for that person’s fees and outlays unless, at the time of the employment or instruction, he expressly disclaims any such liability.