D7: Registration of Foreign Lawyers

Rule D7: Registration of Foreign Lawyers

Definitions

7.1 In this rule 7, unless the context otherwise requires, terms listed in the first column of rule 7.1 shall have the meanings respectively ascribed to them in the second column of that rule:

Application for registration

7.2 An applicant shall apply in writing to the Society for registration by completing (so far as applicable to him) and submitting an application in such form as the Council  shall from time to time prescribe, and by making payment of such application fee(s) as the Council shall from time to time prescribe.

Requirements for registration

7.3.1 No applicant shall be registered unless:

(a) he has completed an application form in terms of rule 7.2;

(b) he has paid such application fee(s) as the Council has prescribed in accordance with rule 7.2;

(a) he is a foreign lawyer;

(b) he has satisfied the Council:

(i) that he is a fit and proper person to be a registered foreign lawyer;

(ii) that the legal profession of which he is a member is so regulated as to make it appropriate for the applicant to be allowed to enter into multi-national practices with regulated persons; and

(iii) that he is, or will on registration become, a manager of a multi-national practices;

(e) he provides -

(i) evidence that he is covered (or will on registration be covered) by a certificate of professional indemnity insurance issued to him, or to the multi-national practice of which he is a manager or of which he will on registration become a manager, which is equivalent in terms of the conditions and extent of its cover to the professional indemnity insurance which is required of solicitors in Scotland by the Council; or

(ii) evidence that he is covered by professional indemnity insurance taken out in accordance with the professional rules of his home jurisdiction and that such insurance is equivalent in terms of the conditions and extent of its cover to the professional indemnity insurance which is required of solicitors in Scotland by the Council; or

(iii) where the insurance referred to in sub-paragraph (e)(ii) is less than equivalent in terms of the conditions and extent of its cover to the insurance referred to at sub-paragraph (e)(i), evidence of professional indemnity insurance taken out in accordance with the professional rules of his home jurisdiction and, to the extent of the lack of equivalence, evidence of insurance cover as specified in sub-paragraph (e)(i); or

(iv) such evidence as may be required by the Council that he has satisfied its requirements as to the professional indemnity insurance cover required of registered foreign lawyer as they apply to him;

(f) he provides-

(i) a contribution by him, or the multi-national practice of which he is a manager or of which he will on registration become a manager, to the Society on behalf of the Guarantee Fund as required by the Council; or

(ii) evidence that he is covered by a guarantee taken out in accordance with the professional rules of his home jurisdiction and that such guarantee is equivalent in terms of the conditions and extent of its cover to the Guarantee Fund; or 

(iii) where the guarantee referred to in sub-paragraph (f)(ii) is less than equivalent to the Guarantee Fund, evidence of the terms of the conditions and extent of the guarantee taken out in accordance with the professional rules of his home jurisdiction and, to the extent of the lack of equivalence, a contribution as specified in paragraph (f)(i); or

(iv) such evidence as may be required by the Council that he has satisfied its requirements as to the guarantee fund cover required of registered foreign lawyer as they apply to him;

(g) he is not an advocate and has made a declaration to that effect; and

(h) he is not a European lawyer registered with the Society or the Faculty of Advocates, and has made a declaration to that effect.

7.3.2 The Council shall, where satisfied that an applicant complies with rule 7.3.1, register that applicant.

7.3.3 The Council shall consider an application pursuant to rule 7.3.1 as soon as is reasonably practicable, and shall notify the applicant of its decision within three months of receipt of that application.

7.3.4 If the Council does not notify the applicant of its decision within the period specified in rule 7.3.3, the applicant may, within three months of the end of that period, apply to the Court of Session which may, on such application, make such order as it sees fit.

Entry on register

7.4.1 If the Council grants an application pursuant to rule 7.3, it shall cause the name of the applicant to be entered on the register.

7.4.2 Subject to rule 7.5, the duration of registration shall be until the end of the practice year current when the relevant application is granted.

Removal from register

7.5 A person shall be removed from the register if he ceases to comply with any requirement set out in rule 7.3.1.

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