Part III S Professional Practice, Conduct and Discipline of Solicitors

Powers of Council to intervene S

39 Powers where delay alleged. S

(1) If—

(a) a complaint is made to the Society that there has been undue delay on the part of a solicitor [F1 or an incorporated practice] in dealing with any matter in which he or his firm [F1 or, as the case may be, it] is or has been concerned in a professional capacity, or any matter relating to a trust of which he is or was the sole trustee, or a co-trustee only with one or more of his partners or employees [F1 or, as the case may be, the incorporated practice or one of its employees was the sole trustee or it was a co-trustee only with one or more of its employees], and

(b) the Council are of opinion that the delay ought to be investigated,

the Council may by notice in writing at any time, and from time to time, require the solicitor [F1 or, as the case may be, incorporated practice] to give an explanation of the delay.

(2) Any notice given by the Council under subsection (1) may specify a period, not being less than 21 days, within which they require an explanation to be furnished; and if within that period the solicitor [F2 or, as the case may be, incorporated practice] does not reply or fails to furnish an explanation which the Council regard as sufficient and satisfactory, and he [F2 or, as the case may be, it] is so informed in writing, section 38 shall apply in relation to that solicitor and his firm [F2 or, as the case may be, to that incorporated practice] in so far as it relates to documents or payments connected with the matter complained of (but not otherwise) and shall so apply notwithstanding that the Council may not have reasonable cause to believe that the solicitor [F2 or, as the case may be, incorporated practice] has been guilty of any such dishonesty as is mentioned in section 43(2).

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. 17(a)

F2 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 17(b)

Modifications etc. (not altering text)

C1 S. 39 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}