Consumer and professional protections
Scottish solicitors, with the support and guidance of the
Society, strive to ensure that their clients receive a quality
service. This is supported by the training requirements and
standards met by Scottish solicitors. A number of measures are also
in place to provide consumers with unrivalled protection.
Professional indemnity - Master Policy
The Society arranges professional indemnity insurance for all
Scottish solicitors in private practice. Known as the Master
Policy, this provides insurance against losses caused by a
solicitor's negligence. Well-founded claims are met even when the
firm no longer exists and the solicitor is unable to pay. See our
Professional indemnity page for
more detailed information.
Pursuers' Panel
Clients who would like advice on whether they have a valid claim
can consult a member of the Pursuers' Panel, which consists of
six solicitors with expertise in dealing with professional
negligence claims against other solicitors. The panel assists
members of the public with advice about potential claims for
negligence and will also pursue well-founded claims on their
behalf. For more details see our Pursuers'
Panel page.
Scottish Solicitors' Guarantee Fund
The Society administers the Scottish Solicitors' Guarantee Fund,
which is a unique consumer protection. The fund, to which all
Scottish solicitors' firms contribute, is used to reimburse
clients who have suffered monetary loss because of the dishonesty
of a solicitor or their staff. More information on making a claim
and financial compliance is available in the Guarantee
Fund section.
Interventions
The Society's ruling Council appoints the Interventions
Department to make arrangements for client files where a sole
solicitor has ceased trading without making such arrangements, for
whatever reason. The aim is to protect the interests of clients
and, where possible, put them in touch with other solicitors.
Judicial Factor
On occasions, it is found that a firm's accounting records have
not been kept properly. Rarely, it may be suspected that client
money is missing. To protect clients, the Society asks the Court of
Session to appoint the Judicial Factor to examine the firm's
records. The Judicial Factor will reassure clients that business is
ongoing and, where necessary, try to put them in touch with other
solicitors. You can find out more from our information sheet.