Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

33 Complaints in relation to legal services

(1) Where any person with an interest has made a complaint (a “conduct complaint”) to a professional organisation that a practitioner has—

(a) been guilty of professional misconduct; or

(b) provided inadequate professional services,

the organisation shall investigate the matter, and shall thereafter make a written report to the complainer and the practitioner concerned of—

(i) the facts of the matter as found by the organisation; and

(ii) what action the organisation propose to take, or have taken, in the matter.

(2) The organisation shall ensure that the procedures adopted by them for the purpose of dealing with any conduct complaint are not such as to inhibit them from taking further action in the matter following consideration by them of such a report as is mentioned in subsection (4) below.

(3) The organisation shall comply with any request made to them by the Scottish legal services ombudsman under section 34 of this Act for information or, as the case may be, a report as soon as is reasonably practicable.

(4) On receipt of any report made to them by the ombudsman under section 34(4) of this Act in relation to a handling complaint the organisation shall—

(a) consider whether any further action requires to be taken in relation to the conduct complaint the treatment of which formed the subject-matter of the ombudsman’s investigation; and

(b) report the results of the consideration mentioned in paragraph (a) above to the person who made the handling complaint and the ombudsman; and, without prejudice to the foregoing, any such report shall include an account of what further action they have taken, or propose to take, in the matter.

(5) For the purposes of this section—

• “professional organisation” means—

  (a)

  the Faculty of Advocates;

  (b)

  the Council of the Law Society of Scotland;

  (c)

  the Scottish Conveyancing and Executry Services Board established under section 16 of this Act; and

  (d)

  a body which has made a successful application under section 25 of this Act; and

• “practitioner” means, in relation to—

  (a)

  the Faculty of Advocates, an advocate;

  (b)

  the Council, a solicitor;

  (c)

  the Scottish Conveyancing and Executry Services Board, a practitioner wi4hin the meaning of section 23 of this Act; and

  (d)

  a body which has made a successful application under section 25 of this Act, any person exercising—

  (i)

  a right to conduct litigation; or

  (ii)

  a right of audience;

  acquired by virtue of section 27 of this Act.