This information reflects the Society's web site at the date you downloaded or printed it and you should check at www.lawscot.org.uk to see if it is still current.

What the Law Society of Scotland can do

The Law Society of Scotland has powers and duties given to it by Parliament. The powers are divided into two categories and vary depending on whether the complaint is about the conduct of the solicitor or the quality of the service provided to a client. How much the Society can do will depend upon the type of complaint that you are making.

Conduct cases

Definition of Professional Misconduct

There are certain standards of conduct to be expected of competent and reputable solicitors. A departure from those standards, which would be regarded by competent and reputable solicitors as serious and reprehensible, may properly be categorised as professional misconduct.

Whether or not the conduct complained of is a breach of rules or some other actings or omissions the same questions fall to be asked and answered and in every case it will be essential to consider the whole circumstances and the degree of culpability which ought properly to be attached to the individual against whom the complaint is made (Sharp v Council of the Law Society l984 SLT 313).

Professional conduct complaints could include the following:

  • Your solicitor has misled or misinformed you.
  • Your solicitor has breached client confidentiality.
  • Your solicitor had a conflict of interest.

What the Society can do

  • If the Society, after investigation, decides that there is a case of professional misconduct, it has the power to prosecute the solicitor before the Scottish Solicitors Discipline Tribunal. This body is independent of the Society and will decide the outcome of such matters. The most severe sanction available to the Tribunal is to strike that individual off the Roll of Solicitors, which means that they would no longer be able to practise as a solicitor in Scotland.
  • Please note that financial remedies are not available for conduct complaints.

Service cases

Definition of Inadequate Professional Service

Inadequate professional service means professional services which are in any respect not of the quality which could reasonably be expected of a competent solicitor - Section 65(1) Solicitors (Scotland) Act l980.

Inadequate professional service complaints could include the following:

  • Your solicitor has failed to act in accordance with your instructions.
  • Your solicitor has failed to keep you informed.
  • Your solicitor has given you inaccurate or incomplete information.
  • There have been unreasonable delays in the carrying out of instructions.
  • Your solicitor failed to provide you with enough information from the outset regarding the fee basis.
  • Your solicitor has failed to respond to your phone calls and/or letters.

Please note that the Society does not have the power to directly challenge the fees charged by a solicitor. If you believe that the fees charged have not been fair and reasonable, please see our information sheet Querying Fees Charged by Solicitors.

What the Society can do

The Society has been given a range of powers by statute. The purpose of these powers is to provide redress to the client making the complaint. This can be done in different ways. The powers available are:

  • Order the solicitors to reduce their fee and/or outlays.
  • Order the solicitors not to charge a fee and/or outlays or to charge a lesser amount.
  • Order the solicitors to pay compensation. Please see below for further information on compensation.
  • Direct the solicitor to rectify mistakes. 
  • Direct the solicitor to take, at his own expense, other action in the interest of the client.
  • Direct the solicitor to take such other action in the interests of the client.

Compensation 

Currently, the maximum amount of compensation which can be ordered is £5,000 in respect of business ongoing or commenced after 1st April 2005. For business before that date the maximum is £1,000.

The level of compensation awarded will be determined according to the degree of inadequacy of the service and its consequences, as shown below.

Category

Banding applied
pre 1 April 2005

Banding applied
post 1 April 2005

Minimal

£1 to £50

£1 to £100

Minor

£51 to £250

£101 to £450

Clear

£251 to £500

£451 to £900

Significant

£501 to £750

£901 to £1300

Serious

£751 to £1000

£1301 to £5000

The Society believes that a maximum figure to compensate for stress, anxiety and inconvenience would be £1750; any sum over and above that will be in respect of actual vouched loss or additional unnecessary expense.