Legal Definitions - Law Society of Scotland

The Law Society of Scotland is the official professional body responsible for regulating all solicitors who practice law within Scotland. Established by an Act of Parliament in 1949, its primary role is to ensure that legal services provided by solicitors in Scotland are of a high standard, ethical, and trustworthy. It achieves this by setting the requirements for who can become a solicitor, overseeing their professional behavior, and establishing the rules for how they conduct their legal work.

Here are some examples of how the Law Society of Scotland's role applies in practice:

• Example 1: Admission to the Profession

  Imagine a recent law graduate from the University of Glasgow who has completed their mandatory legal traineeship and now wishes to formally qualify as a solicitor in Scotland. Before this individual can legally advise clients, represent them in court, or sign official legal documents, they must apply to the Law Society of Scotland. The Society will meticulously verify that they meet all the necessary educational, training, and character requirements. Once satisfied, the Society will admit them to the roll of solicitors, granting them the official right to practice law in Scotland. This demonstrates the Law Society's crucial role in governing the admission of individuals into the legal profession.

• Example 2: Professional Conduct and Discipline

  Consider a situation where a client believes their solicitor has acted unprofessionally or unethically during a property transaction, perhaps by failing to communicate important updates or by mishandling funds. The client can lodge a formal complaint with the Law Society of Scotland. The Society has a dedicated complaints and disciplinary process to investigate allegations of professional misconduct or poor service against solicitors. If the solicitor is found to have breached the established professional standards, the Society can impose disciplinary actions, ranging from a reprimand to striking the solicitor off the roll, thereby illustrating its power to govern solicitors' conduct.

• Example 3: Setting Standards for Legal Practice

  A solicitor specializing in family law in Aberdeen is faced with a complex case involving new digital assets in a divorce settlement and is unsure about the precise ethical guidelines for handling such novel property. The solicitor can consult the comprehensive guidance and regulations published by the Law Society of Scotland. These resources provide clear frameworks and rules for how legal work should be carried out competently, ethically, and in compliance with the law. The Society regularly updates these guidelines to address evolving legal practices and challenges, thereby governing the overall practice of solicitors and ensuring they maintain high standards in their daily work.