Restriction on rights of practising
Offence for solicitors to act as agents for unqualified persons
26. (1) Any solicitor to whom this subsection applies who 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 or, as the case may be, its name to be made use of in any way in any such action or proceedings; or
(c) draws or prepares any writ to which section 32 applies; or
(d) permits or suffers his or, as the case may be, its name to be made us of in the drawing or preparing of any such writ; or
(e) does any other act to enable that person to appear, act or practice 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 or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000, not being a solicitor or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 who is employed full-time on a fixed salary by a body corporate or employed by a law centre.
(3) In this section “person” includes a body corporate but “unqualified person” does not include an incorporated practice or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000.
Offence for solicitors to share fees with unqualified persons
27. [Repealed by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Sched. 9 (effective 17th March 1993: S.I. 1993 No. 641.]
Offence for solicitors who are disqualified to seek employment without informing employer
28. Any person who—
(a) has been struck off the roll; or
(b) suspended from practice as a solicitor; or
(c) has had his registration as a registered European lawyer withdrawn; or
(d) has been suspended from practice as a registered European lawyer,
and while so disqualified from practice seeks or accepts employment by a solicitor in connection with that solicitor’s practice or by an incorporated practice without previously informing him or, as the case may be, it that he is so disqualified shall be guilty of an offence.
29. [Repealed by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), s. 39 and Sched. 9.]
Liability for fees of other solicitor
30. Where a solicitor, or an incorporated practice authorised by and acting for a client employs another solicitor or incorporated practice he or, as the case may be, it shall (whether or not he or, as the case may be, it discloses the client) be liable to the other solicitor or incorporated practice for that other solicitor’s or incorporated practice’s fees and outlays, unless at the time of the employment he or, as the case may be, it expressly disclaims any such liability.
