Part II Right to Practise as a Solicitor

Restriction on rights of practising

C126 Offence for solicitors to act as agents for unqualified persons.

1

Any solicitor to whom this subsection applies who F1or 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 F1or, as the case may be, its name to be made use of in any way in any such action or proceedings; or

c

F2subject to subsection (4), draws or prepares any writ to which section 32 applies, or

d

F3subject to subsection (4), permits or suffers his F1or, 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 F4, registered foreign lawyerF5or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000, not being a solicitor F4, registered foreign lawyerF5or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000who is employed full-time on a fixed salary by a body corporate F6or employed by a law centreF21or a citizens advice body.

3

In this section “person” includes a body corporate F7but “unqualified person” does not include F25a licensed legal services provider, an incorporated practiceF8, registered foreign lawyer, multi national practiceF9or a registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000.

F104

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.

F265

In this section, any reference to the European Communities (Lawyer's Practice) (Scotland) Regulations 2000 is to those Regulations as they have effect by virtue of the Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019.

F1127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Any person who—

a

has been struck off the roll; or

b

suspended from practice as a solicitor F12; or

c

has had his registration as a registered European lawyer withdrawn; or

d

has been suspended from practice as a registered European lawyerF13; or

e

has had his registration as a registered foreign lawyer withdrawn; or

f

has been suspended from practice as a registered foreign lawyer,

and while so disqualified from practice seeks or accepts employment by a solicitor in connection with that solicitors practice F14or by an incorporated practiceF15or multi-national practice without previously informing him F16or, as the case may be, it that he is so disqualified, shall be guilty of an offence.

F1729. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C230 Liability for fees of other solicitor.

Where a solicitor F18or an incorporated practice, authorised by and acting for a client employs another solicitor F19or incorporated practiceF22or a licensed legal services provider he F20or, as the case may be, it shall (whether or not he F20or, as the case may be, it discloses the client) be liable to the F23employed party for that F24party's fees and outlays, unless at the time of the employment he F20or, as the case may be, it expressly disclaims any such liability.