Our committees carry out valuable work looking at a range of issues to do with improving the law and legal practice. We have a code of conduct for Council and committee members.
Convener: Craig Cathcart
Secretaries:
- Rachel Wood ([email protected])
- Brian Simpson ([email protected])
Who are we and what do we do?
The Regulatory Committee was created by the Legal Services (Scotland) Act 2010. It is a committee of the Council of the Law Society but acts independently. The committee is responsible for the oversight of all of the Society’s regulatory functions. It is 50/50 non-solicitor/solicitor and must be chaired by a non-solicitor member, with the committee responsible for choosing its chairperson.
The Regulatory Committee's remit is to set, maintain and enforce standards in the interests of the public and the profession. You can read more about the remit of the committee, which highlights the extent and depth of its work, and its commitment to a well-ordered legal profession, which retains the trust of the public.
The current convener of the committee is Craig Cathcart, a senior lecturer at Queen Margaret University, Edinburgh. The committee meets regularly every two months. It also convenes as required to deal with regulatory issues as they arise.
Members of the Regulatory Committee are:
Solicitors
Mohsen Din
Esther Duncan
David Mair
Christopher Morgan
Prof. Alan Paterson
Non-solicitors
Craig Cathcart (Convener)
Prof. James Gallagher
David Gordon
Adele Keddie
Linsay Leslie
Regulatory sub-committees
The Regulatory Committee has a number of regulatory sub-committees. These operate under a schedule of delegated powers from the Regulatory Committee. Some of those delegated powers are further delegated from the sub-committees to members of the Society's executive team.
Each sub-committee is responsible for the regulation of different aspects of the regulatory framework.
As with the Society’s Regulatory Committee, all regulatory sub-committees are 50/50 non-solicitor/solicitor.
The regulatory sub-committees are:
Read more about our regulatory work
Subcommittees
Convener: Fiona Dromgoole
Secretary: Liz Campbell ([email protected])
The aims and functions are:
- to carry out the functions of the Council relating to the training and admission of solicitors in terms of the appropriate regulations
- for that purpose, to perform such specific functions of the Council as are assigned to it in terms of arrangements made by the Council under s3A of the Solicitors (Scotland) Act 1980
- to advise the Regulatory Committee (on being requested to do so, or of it's own motion) in connection with issues of policy or principle relating to the foregoing matters
- from time to time to establish such sub-committees as are necessary or desirable for the effective discharge of the above functions
- to refer to the Regulatory Committee (with a recommendation as to the action to be taken) any matter within its remit which it considers is more appropriate to be dealt with by that committee
Members
Solicitors
Fiona Dromgoole (Convener)
Colin Anderson
Kara McLaren
Patricia Thom
Leanne Hammell
Non-solicitors
Suzanne Dawson
Thorsten Lauterbach
Sheila Inglis
Liz Campbell (acting Secretary)
Members of the committee are:
Solicitors
Ken Dalling (Convener)
Andrew Bertram
Charles Fraser
Alan MacDonald
Jennifer Murchison
Sara Scott
Non-solicitors
Tracey Carty
Paul Goldsmith
Alastair Graham
Stuart Hammond
Nicola Hannan
Alan Plumtree
Convener: Joseph G Boyd
Secretary: Samantha Hollywood ([email protected])
- to consider appeals lodged against appealable decisions made by regulatory sub-committees. The grounds of appeal are specified in guidance.
- the sub-committee may:
- uphold an original decision of a regulatory sub-committee
- vary all or part of an original decision
- overturn all or part of an original decision and substitute an alternative decision for the original decision
- overturn an original decision and require the original sub-committee to reconsider the matter, with appropriate directions
- to report to the Regulatory Committee, yearly or as identified by the sub-committee, in relation to the nature and frequency of the appeals that it hears, together with proposals/recommendations for improvements in the Law Society's regulatory processes.
You can download the appeal form which applicants must use and read the guidance below for filling it out:
Appealing or reviewing a regulatory decision of the Law Society of Scotland
We have a number of committees that can make decisions that affect you. These decisions are often able to be appealed or reviewed.
The letter or email from us, advising you of a decision, will say whether you have a right of appeal and who you can appeal to. Often, the appeal body will be our Appeals and Reviews Sub-Committee (the ‘Appeals Committee’).
If you wish to make an appeal and it is unclear from your letter what your rights are, please contact the person who sent the letter or email advising you of the initial decision.
1. How do I make an appeal to the Appeals Committee?
You must complete an appeal form and submit it with any relevant supporting documents by email to [email protected] or in writing to:
The Appeals and Reviews Sub-Committee Secretary
The Law Society of Scotland
Atria One,
144 Morrison Street Edinburgh
EH3 8EX
or
DX ED1 EDINBURGH
Your submission must include your grounds for appeal (see point 3). It can include supporting documents or references that you consider relevant. Once it has considered your appeal, the Appeals Committee may ask you for additional information.
Please note: If you wish to appeal a conduct complaint against a Scottish solicitor, please see our guidance for complaints against Scottish solicitors.
2. Is there a time limit for lodging appeals?
Yes, appeals must be made within 21 days of the date of the letter or email advising you of the original decision.
An extension to this time limit can be granted in exceptional circumstances. If you are or have been unable to meet the time limit, please contact us at the above email or postal address, setting out the reasons why you feel your circumstances are exceptional. We will let you know if your request is successful within 21 days of receiving it. There is no appeal against a decision not to extend the time limit (see point 8).
3. What are the grounds for appeal?
There are five grounds for appeal:
a) the original decision was based on a misunderstanding of the facts
b) evidence, which could not reasonably have been made available at the time of the original decision, is now available
c) the original decision contains an error in applying the law, the rules or the regulations
d) there has been a fundamental procedural irregularity in the way in which your case was handled or the original decision made
e) there was a failure to provide you with adequate reasoning of the original decision
4. What are the possible outcomes?
The Appeals Committee will either:
- uphold the original decision
- overturn the original decision in favour of its own decision; or
- return your matter back to the original committee and, with appropriate direction, ask it to reconsider it.
5. Can I appear in person?
Appeals are usually considered on the basis of written information only and you should not expect to appear in person. In exceptional circumstances, the Appeals Committee may ask an individual connected to the appeal to attend in person.
6. How will the decision be communicated to me?
You will be notified of the appeal decision, by either letter or email, within 21 days of the Appeals Committee’s decision.
7. What happens after my appeal?
The letter informing you about the decision of your appeal will set out the next steps. If you have any queries, you should contact the Appeals Committee Secretary at the above email or postal address.
8. What if I am unhappy with the appeal decision?
You have a right of Judicial Review at the Court of Session. If you wish to exercise this right, we strongly suggest that you seek independent legal advice.
9. Is there a fee for appealing?
No, the appeals process is free. However, we will not pay any expenses that you incur in bringing your appeal.
If you have further questions on the appeals process, please contact the Appeals Committee Secretary at [email protected] or The Law Society of Scotland, Atria One 144 Morrison Street, Edinburgh EH3 8EX.
If your right of appeal is to another body (for example Judicial Review at the Court of Session), we strongly suggests that you seek independent legal advice.
Committee members
Joseph Boyd (convener)
Solicitors
Catriona Watt
Fergus Thomson
Graham Matthews
Margaret Ross
Muhammad Bilaal Shabbir
Non-solicitors
Anne Hastie
Brian Yates
Helen Cadden
Leslie Forsyth
Robyn Wisbey
Janet Moss
Samantha Hollywood (secretary)
Convener: Clair McLachlan
Secretary: Hannah Sayers ([email protected] )
The aims and functions are:
- The instruction, receipt and consideration of all peer reviews carried out in terms of the Memorandum of Understanding concerning Civil Legal Assistance between the Society and the Scottish Legal Aid Board.
- The making of decisions as to whether a practice unit should hold or continue to hold a compliance certificate and to issue compliance certificates.
- The determination of the file sampling methodology for Civil Legal Assistance peer reviews
- The promotion of good practice in the provision of quality assured Civil Legal Assistance.
- The promotion of consistency in the quality assurance process.
- The appointment, re-appointment, dismissal or termination of contract, training and monitoring of Peer Reviewers.
- The receipt and consideration of applications for compliance certificates.
- The collection of statistics and analysis of trends in the quality assurance process, and making recommendations to the Society, the Board and the Scottish Government where the committee considers change necessary. The implementation of such changes requires agreement between the Society, the Scottish Legal Aid Board and the Scottish Government.
- Considering in appropriate circumstances whether to refer a practice unit or practitioner to the Complaints Sub-Committee of the Society or the SLCC
Further information on the Civil Legal Assistance Quality Assurance Scheme can be found under Rule C3
Members
Solicitors
Clair McLachlan (Convener)
Marie-Louise Fox
Jennifer Laughland
Fiona Mundy
Lesley Robb
Non-solicitors
Stuart Duffin
Ann Hill
Graeme Hill
Grant Horsburgh
Aaliya Seyal
Hannah Sayers (Secretary)
Convener: Ken Dalling
Secretary: Sheila Kirkwood ([email protected])
The aims and functions are to:
- oversee the fulfilment of the statutory obligations of the Law Society of Scotland regarding the Client Protection Fund (the operating name for the Scottish Solicitors' Guarantee Fund) and financial compliance
- ensure that risks to the Client Protection Fund are managed to an agreed and acceptable level
- ensure that Client Protection Fund operations are in accordance with stated Client Protection Fund policy
- protect the Client Protection Fund, the profession and the public interest by dealing properly and promptly with significant cases of non-compliance with accepted financial compliance standards (eg accounts rules)
- influence strategic developments regarding financial compliance and the Client Protection Fund to ensure that processes remain up to date and fit for purpose
- enable effective communications with the profession, public and other stakeholders regarding financial compliance standards and Client Protection Fund claims
- benefit the Client Protection Fund/financial compliance processes by acting as a source of expertise on relevant working practices and issues within the legal profession
- monitor financial compliance activity (planning, progress, quality & approach)
- review outputs from financial compliance activity (including the conducting of interviews) and where appropriate (eg as a result of breaches in accounts rules), refer matters of professional conduct to the Scottish Legal Complaints Commission and Complaints Investigation Team for investigation or recommend other actions (eg interventions, judicial factories etc) in accordance with the scheme of delegation
- monitor the consistency and quality of Client Protection Fund claims and intimations processing
- decide upon Client Protection Fund claims (as detailed in the delegated powers)
- consider and approve strategic policy matters related to financial compliance and Client Protection Fund matters
- consider the continuing adequacy of accounts rules and other guidance to protect the Client Protection Fund, the profession and the public; monitor the development of new or amended rules and recommend these for approval.
- review financial compliance activity to inform and influence the profession, public and other stakeholders about relevant financial standards, compliance requirements and claims issues
- monitor Client Protection Fund risk management procedures and approve
- decide key policies related to insurance arrangements, financial reserve levels, investment decisions and firms which pose a risk to the fund
- monitor the financial position of the Client Protection Fund and recommend approval of the annual budget and annual subscriptions to the Council
- be made aware of operational developments in the workings of the financial compliance and Client Protection Fund functions
Members
Solicitors
Kenneth Dalling (Convener)
Anne Macdonald (Vice Convener)
Alison Atack
Graham Matthews
Johnston Clark
Mark O’Hanlon
Stuart Naismith
Non-solicitors
Anne Follin
Alastair Graham
Naghat Ahmed
Vincent McKeown
Jeffrey Meek
Margaret Ogilvie
Sheila Kirkwood (Secretary)
Convener: T Graham Reid
Secretary: Wendy Henderson ([email protected])
The aims and functions are to:
- consider and determine complaints about service and/or allegations of professional misconduct arising from business instructed before 1 October 2008
Members
Solicitors
T Graham Reid (convener)
Valerie O’Neil
Patricia Gray
Grace McGill
Non solicitors
Dominic Notarangelo
John Dally
Paul Faris
Helen Cadden
Convener: Alan Paterson
Secretary: Michael Greenfield ([email protected])
The aims and functions are:
- consider and promote initiatives to improve client care standards within the profession
- give guidance and directions to relevant committees and thereafter review the handling of all aspects of complaints to ensure transparency, consistency and balance
- give guidance and direction to the complaints handling staff in relation to policies and procedures for handling complaints
- consider and deal with points of policy and principle arising from specific cases and to give guidance as appropriate
- review on an ongoing basis, issues of resource and budget for the Regulation Liaison Team, Complaints Investigation Team and Regulation Support Team of the Regulation and Standards Department
- consider on an ongoing basis relevant external relationships including, but not exclusively, matters relating to the Scottish Legal Complaints Commission, the Scottish Government and the Office of the Immigration Services Commissioner
- consider issues arising from client dissatisfaction with a view to educating the profession as to:
- dealing with dissatisfaction and complaints appropriately
- trying to avoid client dissatisfaction and complaints
- education on the policies and procedures of both the Society and the Scottish Legal Complaints Commission
Members
Solicitors
Professor Alan Paterson (Convener)
Selena Graham
John McHugh
Serena Sutherland
Amy Walsh
Non-solicitors
William Braes
Ralph Coleman
Sarah Duffy
Jean Grier
Anne Hastie
Michael Greenfield (Secretary)
Convener: Jane MacEachran
Secretary: Rob Marrs ([email protected])
The aims and functions are:
- assure the quality of those admitted as solicitors in Scotland by review of policy and standards for pre- and post-qualification education and training
- assure quality of the components of solicitors' pre-qualification education and training
- to make recommendations to the Regulatory Committee
Members
Solicitors
Jane MacEachran (Convener)
John Logue
Val Pitt
Dean Purdie
Jim Stephenson
Non-solicitors
Wisam Abboud
Bernadette Campbell
Stuart Duffin
Martin Jones
Thomas Muinzer
Rob Marrs (Secretary)
Convener: Keith Hamilton
Secretary: Samantha Hollywood ([email protected])
The aims and functions are to:
- consider complex applications for practising certificates or entrance/removal from the roll which are not dealt with by the Admissions Committee or administratively by the Registrar's department
- consider and develop proposals to amend certain regulatory requirements, in accordance with our obligations to promote the regulatory objectives and aim to adopt best regulatory practice;
- approve the issue and amendment of Guidance in relation to certain practice rules;
- consider and determine applications for waiver of certain practice rule requirements in relation to the management and operation of legal practices.
Members
Keith Hamilton (Convener)
Solicitors
Derek Allan
Elizabeth Comerford
Lorraine Currie
Amy Walsh
Non-solicitors
Ahmed Khogali
Cameron Broadfoot
David Campbell
David Crossan
Samantha Hollywood (Secretary)
Convener: T Graham Reid
Secretaries:
- Ian Ritchie ([email protected])
- Wendy Henderson ([email protected])
The aims and functions of the Sub Committee work are to:
- to determine conduct complaints against Scottish solicitors, executry and conveyancing practitioners
- to decide if a conduct complaint may amount to professional misconduct and requires to be referred to the Scottish Solicitors Discipline Tribunal in terms of Section 51 of the Solicitors (Scotland) Act 1980
- to decide if a conduct complaint against a Scottish solicitor amounts to unsatisfactory professional conduct in terms of Section 42ZA of the 1980 Act, and in the event that a determination is made to impose appropriate sanctions
- to determine whether no action should be taken in relation to a conduct complaints against, Scottish solicitors, executry and conveyancing practitioners
- to decide if a conduct complaint against an executry and/or conveyancing practitioner amounts to unsatisfactory professional conduct in terms of Section 20 ZB of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1990.
Members
Solicitors
T. Graham Reid (Convener)
Patricia Gray
Valerie O’Neil
Ivor Klayman
Peter Matthews
Grace McGill
Non-solicitors
Lesley Johnson
Dominic Notarangelo
Helen Cadden
John Dally
Paul Faris
Lesley Reid
Convener: Joseph G Boyd
Secretaries:
- Wendy Henderson ([email protected])
- Ian Ritchie ([email protected])
The aims and functions of the Sub Committee work are to:
- to determine conduct complaints against Scottish solicitors, executry and conveyancing practitioners
- to decide if a conduct complaint may amount to professional misconduct and requires to be referred to the Scottish Solicitors Discipline Tribunal in terms of Section 51 of the Solicitors (Scotland) Act 1980
- to decide if a conduct complaint against a Scottish solicitor amounts to unsatisfactory professional conduct in terms of Section 42ZA of the 1980 Act, and in the event that a determination is made to impose appropriate sanctions
- to determine whether no action should be taken in relation to a conduct complaints against, Scottish solicitors, executry and conveyancing practitioners
- to decide if a conduct complaint against an executry and/or conveyancing practitioner amounts to unsatisfactory professional conduct in terms of Section 20 ZB of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1990.
Members
Solicitors
Joseph G Boyd (Convener)
Morris Anderson
Gemma C Baillie
Catriona J MacLean
Alistair Murdoch
Forbes Watson
Non-solicitors
William Braes
Alistair Christie
Jeremy Clarke
Ralph Coleman
Christine Reid
Convener: Tom Marshall
Secretary: Sonia Gentile-Mills ([email protected])
The aims and functions are:
- to carry out the functions of the Council relating to extended rights of audience as set out in s25A of the Solicitors (Scotland) Act 1980 and relevant practice rules.
Members
Solicitors
Tom Marshall (Convener)
Alastair Gray
Ross Mitchell
Gordon Martin
Christine O'Neill
Non-solicitors
Paul Walker
Brian Yates
Dharmesh Parekh
David Crossan
Sonia Gentile-Mills (Secretary)
Convener: Nick Taylor
Secretary: Samantha Hollywood ([email protected])
- to consider and develop proposals to amend certain regulatory requirements, in accordance with the Society’s obligations to promote the regulatory objectives and aim to adopt best regulatory practice;
- to approve the issue and amendment of Guidance in relation to certain practice rules and areas of legal work;
- to consider and determine applications for waiver of certain practice rule requirements, including, for example, specific requirements of the rules on conflict of interest.
Members
Solicitors
Nick Taylor (Convener)
Stuart Kelly
David Syme
Graham Weatherston
Non-solicitors
Erin Scott
Paul Walker
Sharon Connolly
Uzma Aslam
Samantha Hollywood (Secretary)
Convener: Jim Stephenson
Secretary: Andrew Alexander ([email protected])
The aims and functions are to:
- promote access to justice for the public
- identify barriers to access to justice and, where possible, work alone or with others to identify or implement solutions
- monitor the supply of publicly funded legal assistance across Scotland, encouraging greater coordination of services
- identify opportunities to promote pro bono work
- build the Society's relationship with law centres, Part V solicitors, and other advice providers
- examine how a range of funding sources for, and providers of, legal advice can be encouraged
- liaise and negotiate with external organisations, such as Scottish Government, Citizens Advice and others
- collaborate with other LSS committees, including Civil Justice, the Civil Legal Aid Negotiating Team, Mental Health and Disability, Equality and Diversity and Human Rights and Discrimination
Members
Solicitor
Jim Stephenson (Convener)
Eileen Barr
Malcolm Combe
Joyce Horsman
Emily McCall
Arlene McDaid
Cameron Wong McDermott
Claire Osborne
Sheekha Saha
Rebecca Samaras
Laura Wylie
Non-solicitor
Ben Christman
Louise Johnston
Susan Stokeld
Robert Sutherland
Andrew Alexander (Secretary)
Convener: Jim Stephenson
Secretary: Rob Marrs ([email protected])
The aims and functions are:
- assure the quality of those admitted as solicitors in Scotland by review of policy and standards for pre and post-qualification education and training and to make recommendations to the Council
- promote greater awareness of the education and training strategy of the Society
- play a leading role in all thinking about legal education and training in Scotland
- represent vigorously the Society's views to all other interested bodies, including the government and the universities
Members
Solicitor
Jim Stephenson (Convener)
John Logue
Jane MacEachran
Val Pitt
Dean Purdie
Non-solicitor
Wisam Abboud
Bernadette Campbell
Stuart Duffin
Martin Jones
Thomas Muinzer
Rob Marrs (Secretary)
Convener: Christine McLintock
Secretary: Katie Hay ([email protected])
The aim of the committee is to take a leadership role in the delivery of the Law Society's strategy, particularly the area under influencing the creation of a fairer and more just society and being an international centre of excellence in thought leadership, through the development of positions relating to public policy.
The committee (together with other committees of the Society) also has an aim of meeting the Society's statutory objectives of:
- Supporting the constitutional principle of the rule of law and the interests of justice
- Promoting the interests of consumers and the public interest generally
- Promoting access to justice and competition in the provision of legal services
- Promoting an independent, strong, varied and effective legal profession
Members
Christine McLintock (Convener)
Emma Dixon
Sheila Inglis (non-solicitor)
John Maciver
David Mair
James McLean
John Morgan
Katy Nisbet
Sheekha Saha
Lynda Towers
Katie Hay (interim secretary)
Public Policy sub-committees
The Public Policy Committee has a number of sub-committees reporting to it which are listed below. These sub-committees cover a number of areas of law and members of each of the sub-committees, both solicitor and non-solicitor, have a working knowledge of the relevant subject area.
Sub-committee remit:
Each of the sub-committees has an overarching aim to support the Public Policy Committee in the delivery of the Law Society’s strategy, particularly in influencing the creation of a fairer and more just society and being an international centre of excellence in thought leadership, through the development of positions relating to public policy. Each sub-committee also has the aim of meeting the Society’s statutory objectives of:
- supporting the constitutional principle of the rule of law and the interests of justice
- promoting the interests of the profession and the interests of the public
- promoting access to justice, competition in the provision of legal services
- promoting an independent, strong, varied and effective legal profession.
Each sub-committee has the power to:
- pursue improvements to the law and the Scottish and UK legal systems through the proactive development of public policy proposals
- respond effectively to law reform and other public policy proposals which come from the Scottish, UK and European institutions, the UK and Scottish Civil Service and other institutions such as the Law Commissions which produce proposals for law reform and public policy change
- engage with government, their agencies and other stakeholders as well as the Society’s members in order to fulfil its role, ensuring close collaboration with Law Society office bearers
Sub-committee members
The sub-committees require some members to be willing and able to:
- prepare reports or responses to consultations
- draft comments on Bills
- provide evidence to the EU, UK and Scottish Parliaments
- provide media comment
Subcommittees
Convener: Richard Henderson
Secretary: Andrew Alexander ([email protected])
Convener: Alastair Keatinge
Secretary: Jennifer Paton ([email protected])
Convener: Morag Driscoll
Secretary: Andrew Alexander ([email protected])
Convener: Stuart Neilson
Secretary: Jennifer Paton ([email protected])
Convener: Sarah-Jane McArthur
Secretary: Gillian Mawdsley ([email protected])
Convener: Gordon McCreath
Secretary: Alison McNab ([email protected])
Convener: Catriona McMillan
Secretary: Jennifer Paton ([email protected])
Convener: Archie MacIver
Secretary: Gillian Mawdsley ([email protected])
Convener: Eleanor Lane
Secretary: Alison McNab ([email protected])
Convener: Adrian Ward
Secretary: Jennifer Paton ([email protected])
Convener: Alastair McKie
Secretary: Alison McNab ([email protected])
Convener: Paul Connolly
Secretary: Alison McNab ([email protected])
Convener: Jim Drysdale
Secretary: Alison McNab ([email protected])
Convener: Isobel d'Inverno
Secretary: Alison McNab ([email protected])
Convener: Alan Barr
Secretary: Alison McNab ([email protected])
Convener: Karen Leslie
The Accredited Paralegal Committee takes decisions in response to applications for entry to the scheme, in respect of entry standards and the ‘character and suitability’ requirements. The committee also approves any new practice area in which an accredited paralegal is accredited.
Members
Karen Leslie (Convener)
Non-solicitors
Fiona Allison
Elaine Campbell
Sharon Connelly
Laura Mack
Dorothy Nicholson
Sandra Reid
Solicitors
Denise Loney
Caitlyn Maccabe
Convener: Iain Nicol
Secretary: Lucy Durie ([email protected])
- to promote the interests of solicitors by examining and questioning the current methods used to resolve all civil disputes
- to include a review of:
- the organisation of the civil courts
- use of information technology
- representation by solicitors at tribunals
- speculative and contingency actions and the insurance cover available
- the efficiency of the courts and the roles of the regular users
Members
Iain Nicol (Convener)
Ronald Conway
Julie Hamilton
Mark Higgins
Gordon Keyden
Graeme MacLeod
Cameron McNaught
David Taylor
Patricia Thom
John West
Robert Wilson
Steven Smart
Claire MacPherson
Clare Crawford
Pamela Stevenson
Kay McCorquodale
Lucy Durie (Secretary)
Convener: Deborah Anne Wilson-McCuish
Secretary: Gillian Mawdsley ([email protected])
- to advise the Council and the profession on criminal law matters; to promote its reform; to respond to proposals for reform from bodies including the government and to enhance the profile of criminal law, encouraging best practice and professional ethics
- to improve the criminal law, both practice and procedure, in the Scottish legal system for the benefit of the public and the profession through lobbying for change and through responding effectively to criminal law reform proposals from Westminster, Holyrood, Brussels and beyond
- to advance the Law Society of Scotland as key in improving, commenting and analysing proposals for criminal law which emanate from the UK Parliament and UK ministries, the Scottish Parliament and Scottish Government, the EU Commission and EU Parliament
Members
Debbie Wilson (Convener)
Vikki Bell
Dr Isla Callander
Professor James Chalmers
Gerard Considine
Elizabeth Dougan
Eamon Keane
Stephanie Hednry
Peter Lockhart
Murray Macara
Stephen McGowan
Mhairi McMillan
Rosalyn McTaggart
Stuart Munro
Grazia Robertson
Laura Sharp (non-solicitor)
Gordon Williams
Gillian Mawdsley (Secretary)
- to engage with in-house solicitors and trainees (not working in private practice), ensuring the Law Society understands and serves their professional needs.
- to promote the interests and status of in-house solicitors and trainees.
- to encourage and assist in the development of better training of solicitors and trainees working in-house.
- to promote the value of employing in-house solicitors and trainees to organisations who do not currently employ solicitors or trainees.
Members
Vlad Valiente (co-convener), Dumfries and Galloway Council
Sheekha Saha (co-convener), Comhairle nan Eilean Siar
Thembe McInnes (vice convener), Edinburgh Airport
John Morrison (vice convener) Phoenix Group
Michael Byrne, Thermo Fisher Scientific
Deborah Carroll, Crown Office and Procurator Fiscal Service
Catherine Corr, Scottish Enterprise
John Forsyth, Lloyds Banking Group
Arlene Gibbs, Aberdeenshire Council
Rachael McLean, Scottish Government Legal Directorate
Norma Shippin, Central Legal Office
Neil Campbell, NatWest
Hope Craig, Heriot-Watt University
Lynette Purves, ERG
Anne Garness, Scottish Social Services Council
Conveners:
- Patricia Thom
- Ian Moir
Secretaries:
- Andrew Alexander ([email protected])
- Gillian Mawdsley ([email protected])
- to negotiate with Scottish Government, the Scottish Legal Aid Board and other relevant organisations on legal aid issues
- to monitor and evaluate the outcomes of summary and solemn reforms
- to communicate effectively the Society's work on legal aid
- to undertake any other work necessary to deal with legal aid issues affecting practitioners
Members
Ian Moir (Co-convener, criminal)
Patricia Thom (Co-convener, civil)
Stephen Biggam
Jack Grant
Gordon Martin
Grazia Robertson
Convener: John Sinclair
Secretary: Gillian Alexander ([email protected])
- to consider matters relating to the law and practice of conveyancing
- where appropriate, to provide guidance and information to the profession
Members
Fiona Alexander
Elspeth Annan
Anne Boyd
Derek Duncan
Struan Ferguson
Fiona Gibb
Emma Gray
Niall MacDonald
Ross MacKay
Gemma McClelland
Rob McIntosh
Donald Reid
Frances Rooney
John Sinclair
Brian Smith
Ann Stewart
John Sinclair (Convener)
Gillian Alexander (Secretary)
Secretary: Sonia Gentile-Mills ([email protected])
The Senior Solicitor Advocate Accreditation Committee facilitates and administers the Senior Solicitor Advocate Accreditation Scheme which is designed to address a practical issue in the legal aid system, through which the Scottish Legal Aid Board (SLAB) can sanction an enhanced payment in respect of 'senior counsel' in criminal legal aid cases. The scheme creates a list of solicitor advocates who have been identified as suitable for enhanced remuneration by SLAB as 'senior'.
The committee considers applications for accreditation and re-accreditation as a 'senior solicitor advocate', providing recommendations to the Law Society's Council. It is comprised of solicitors and lay members, including the President of the Society of Solicitor Advocates (SSA), the Criminal Vice President of the SSA, and a member of the Council of the Law Society of Scotland.
If you would like any further information regarding senior solicitor advocates, or would like to make an application, please contact Sonia Gentile-Mills at [email protected]
Members
Sheriff Principal Mhairi Stephen (Convener)
John Scott QC
Ross Yuill
Sonia Gentile-Mills (Secretary)
Applications for accreditation
Anyone considering applying for accreditation as a Senior Solicitor Advocate is advised to contact the committee secretary as detailed below.
Senior Solicitor Advocate status
The committee would remind members that accreditation as a Senior Solicitor Advocate is for the sole purpose of enhanced remuneration by SLAB only and is not an alternative to, nor does it confer the rank and dignity of, Queen's Counsel.
If you would like any further information regarding Senior Solicitor Advocates, please contact committee secretary Sonia Gentile-Mills at [email protected]
Convener: John McKinlay
- to consider matters relating to the technology law and/or practice, and where appropriate
- to provide guidance and information to the profession as it relates to all areas of their professional practice
Members
John McKinlay (Convener)
Abbe Brown
Helena Brown
Stuart Cross
John Forsyth
Justin Henderson
Siobhan Kahmann
Pauline McBride
Ashley McLean
Ramsay Milne
Iain G Mitchell QC
Stuart Munro
Tim Musson
Callum Sinclair
Martin Sloan
James Stevenson
Alasdair Thomson
Marliese Perks
Priya Jhakra
Steph Innes
Angela Daly
Sean Dorian
Antony McFadyen (Secretary)
The specialist accreditation panels assess applications from solicitors to be accredited as specialists in these areas of law, or to act as a solicitor arbitrator . There are also 2 panels who assess applications to be accredited as a commercial or family mediator.
Each panel is made up of between six and eight members, and are a mix of solicitors and others with experience in the specialism.
Administrator: Patricia Wilson ([email protected] )
Convener: Murray Etherington
Secretary: David Cullen ([email protected])
- to negotiate the commercial terms of the PII arrangements for those members in private practice via the insurance brokers with the insurers
- to conduct the tender for the brokerage and administration of the current Master Policy arrangements
- to put in place an annual risk management programme for members via the brokers
- to liaise with the SLCC with respect to its oversight function of the PII arrangements for those members in private practice
Members
Murray Etherington (Convener)
Derek Allan
Ewen Brown
Alan Eadie
Alastair Frood
Ann Greybe
Robin Hill
Kenneth Lauder
Jennifer Scollick (non-solicitor)
David Cullen (Secretary)
Convener: Austin Lafferty
Secretary: Fiona Robb ([email protected])
- advise solicitors on all professional practice and conduct matters, encouraging progressive working methods in the process, so that the profession's standing as advisers to the public may be enhanced
- keep under review existing rules and guidelines to consider whether they are still relevant in the light of current conditions
- Identify issues which may need to be addressed by new rules or guidelines and consult with the profession on those
- consider and make recommendations to the Council on new practice rules
- issue new practice guidelines as required
Members
Austin Lafferty (Convener)
Derek Allan
Morris Anderson
Johnston Clark
Ken Dalling
John Flanagan
Christopher Fraser (non-solicitor)
Anne Macdonald
Jane MacEachran
Clare Macpherson
Joginder Makar (non-solicitor)
Mark O'Hanlon
Susan Oswald
Prof Alan Paterson
Roy Paterson* (non-solicitor)
Donna Reynolds
Sheila Webster
Fiona J Robb (Secretary)
Convener: Colin Dunipace
- seek to improve the profession's income through monitoring solicitors' cost rates, the market place and fees charged, including the effect of written fee charging agreements; to raise awareness of new types of remunerative business
Members
Solicitors
Colin Dunipace (Convener)
Alison Atack
Kim Leslie
Ian McLeod
Sydney Smith
Robert Wilson
Non-solicitors
Aileen Ball
James Flett
Pamela Hamilton
Margaret Ogilvie
Convener: Fiona Larg
The aims and functions are:
- review and where appropriate challenge the policies and procedures of the Society; the actions and judgment of the Society's executive, office bearers, Council and committee members in relation to the Society's affairs; the Society's reporting systems, internal controls and governance and risk management arrangements
- oversee the Society's relations with its auditor
Members
Fiona Larg (Convener)(non-solicitor)
Abigail Clark (non-solicitor)
Peter McCall
Debbie Wilson-McCuish
David Cullen (Secretary)
Convener: Susan Murray
Secretary: Rob Marrs ([email protected])
- to set, form and guide the policy and actions of the Law Society of Scotland in relation to equality and diversity
- to offer guidance and support to the Society and the head of diversity
- to offer guidance on specific issues to the Council and committees of the Society, when requested to do so
- to identify key priorities and key risks for the Society in relation to equality and diversity
- to provide a forum for debate and best practice on issues of equality and diversity
Members
Solicitor
Susan Murray (Convener)
Stuart Cassidy
Amerdeep Dahmi
Susannah Donaldson
Valerie Dougan
Dorothy Kellas
Drew McCusker
Rupa Mooker
Elizabeth Napier
Frances Ross
Ammara Salimi
Harry Martin
Non-solicitor
Dr Karla Perez Portilla
Aaliya Seyal
Lois Ratcliffe
Dr Kate Sang
Rob Marrs (Secretary)
Convener: John Mulholland
Secretary: David Cullen ([email protected])
- to run the system for the selection for conveners of committees that report to the Council
- to run the system for the selection of Board members who put themselves forward for the elected Board positions
- to oversee the systems for the selection of committee members for those committees that report to Council
Members
John Mulholland (Convener)
Sue Carter
Abigail Clark
Frank Gill
Christopher Morgan
David Cullen (Secretary)
Convener: Graham Watson
Secretary: David Cullen ([email protected])
- to review and finalise the annual budget, in consultation with the Board, Audit Committee and senior leadership team, for presentation to the Council
- to review and, where appropriate, put forward proposals for the alteration of practising certificate fees and subscription levels and bandings
- to review the monthly management accounts and make appropriate recommendations
- to review the Law Society's annual accounts and, subject to audit and scrutiny by the Audit Committee, approve them for submission to the Council
- to keep under review the level and nature of the Law Society's own banking arrangements, investments, borrowings and insurance cover (excluding that relating to insurance of the profession) and take action where necessary or desirable
- to determine financial controls and propose innovations in financial management
- to maintain a register of key risks in relation to finance and resources
- to set policy and supervise the procurement process of the Society, including approving the individual award of contracts above a certain threshold amount, as set by the Finance Committee
- to provide advice on any other matters referred to it by the Board, Audit Committee, senior leadership team, or Council
- to report on monthly accounts to the Board
- to produce an annual report to the Board and Council
- to make a recommendation to the Council on the budget for the coming year
- to make a recommendation to the Council on the practising certificate, and other fees, for the coming year
Members
Graham Watson (convener)
Paul Gostelow
Derek McIntyre
Catriona Maclean
Campbell Read
Serena Sutherland
David Cullen (secretary)
Policy on appointment of lay members to Council, the Regulatory Committee and regulatory subcommittees (from 15 March 2021).
Constitution of the Law Society of Scotland
Section 2; Interpretation
‘a lay member”, means a member of Council who is a person who appears to
the Council to be qualified to represent the interests of the public in relation
to the provision of legal services in Scotland or, having regard to the
Society’s functions, appears to the Council to be suitable in other respects,
but is not a:
(a) member of the Society,
(b) member of the Faculty of Advocates,
(c) conveyancing or executry practitioner as defined in section 23 of
the 1990 Act,
(d) person having a right to conduct litigation or a right of audience
by virtue of section 27 of the 1990 Act,
(e) confirmation agent as defined in section 90(4) of the 2010 Act, or
will writer as defined in section 101(3) of the 2010 Act.
“a member of the Society” means a solicitor who in terms of Section 2(1) of
the Act has in force a practising certificate, and any other solicitor who has
paid the current annual membership subscription to the Society and whose
name appears upon the Roll of Solicitors kept by the Council;
Section 3C(1)(b) Solicitors (Scotland) Act 1980 (as inserted by section 133 Legal Services ( Scotland ) Act 2010
‘at least 50% of the (Regulatory) committee's membership is to comprise lay persons’
Section 3C(4) 1980 Act
In subsection (1)(b), “lay persons” are persons who are not—
(a) solicitors,
(b) advocates,
(c) conveyancing or executry practitioners as defined in section 23 of the 1990 Act,
(d) those having a right to conduct litigation, or a right of audience, by virtue of section 27 of the 1990 Act, or
(e) confirmation agents or will writers within the meaning of Part 3 of the 2010 Act.
When considering the appointment or re-appointment of any person as a lay member to the Council of the Law Society, the Regulatory Committee or a sub-committee of the Regulatory Committee, consideration should be given to whether a person could generally be considered independent of the legal profession and hold a public interest perspective.
Specifically, those who should not be considered for lay membership shall include:
- Any person, who within the preceding 10 years, has fallen within any of those categories as set out within section 3C(4) of the Solicitors (Scotland) Act 1980.
- Any person who currently is, or has been within the preceding 10 years, regulated or represented by, but not limited to, any of the following;
a) regulatory body authorised by the Legal Services Board with the exception of those authorised to regulate Chartered Accountants,
b) the Association of Commercial Attorneys,
c) the Law Society of Northern Ireland or
d) the Bar of Northern Ireland. - Any person who:
a) is a trainee solicitor or undertaking pupillage with the Faculty of Advocates (Devilling),
b) is employed by a business regulated for the purposes of providing legal services,
c) has been subject to a finding of misconduct by a professional or disciplinary body and as a result has had the right to practice removed (i.e. struck off / disbarred) or
d) is subject to a current suspension of the right to practice.
The guidance does not apply to representative, governance or policy committees or sub-committees.
We have a number of committees that can make decisions that affect you. These decisions are often able to be appealed or reviewed.
The letter or email from us, advising you of a decision, will say whether you have a right of appeal and who you can appeal to. Often, the appeal body will be our Appeals and Reviews Sub-Committee (the ‘Appeals Committee’).
If you wish to make an appeal and it is unclear from your letter what your rights are, please contact the person who sent the letter or email advising you of the initial decision.
1. How do I make an appeal to the Appeals Committee?
You must complete an appeal form and submit it with any relevant supporting documents by email to [email protected] or in writing to:
The Appeals and Reviews Sub-Committee Secretary
The Law Society of Scotland
Atria One,
144 Morrison Street Edinburgh
EH3 8EX
or
DX ED1 EDINBURGH 1
Your submission must include your grounds for appeal (see point 3). It can include supporting documents or references that you consider relevant. Once it has considered your appeal, the Appeals Committee may ask you for additional information.
Please note: If you wish to appeal a conduct complaint against a Scottish solicitor, please see our guidance for complaints against Scottish solicitors.
2. Is there a time limit for lodging appeals?
Yes, appeals must be made within 21 days of the date of the letter or email advising you of the original decision.
An extension to this time limit can be granted in exceptional circumstances. If you are or have been unable to meet the time limit, please contact us at the above email or postal address, setting out the reasons why you feel your circumstances are exceptional. We will let you know if your request is successful within 21 days of receiving it. There is no appeal against a decision not to extend the time limit (see point 8).
3. What are the grounds for appeal?
There are five grounds for appeal:
a) the original decision was based on a misunderstanding of the facts
b) evidence, which could not reasonably have been made available at the time of the original decision, is now available
c) the original decision contains an error in applying the law, the rules or the regulations
d) there has been a fundamental procedural irregularity in the way in which your case was handled or the original decision made
e) there was a failure to provide you with adequate reasoning of the original decision
4. What are the possible outcomes?
The Appeals Committee will either:
- uphold the original decision
- overturn the original decision in favour of its own decision; or
- return your matter back to the original committee and, with appropriate direction, ask it to reconsider it.
5. Can I appear in person?
Appeals are usually considered on the basis of written information only and you should not expect to appear in person. In exceptional circumstances, the Appeals Committee may ask an individual connected to the appeal to attend in person.
6. How will the decision be communicated to me?
You will be notified of the appeal decision, by either letter or email, within 21 days the Appeals Committee’s decision.
7. What happens after my appeal?
The letter informing you about the decision of your appeal will set out the next steps. If you have any queries, you should contact the Appeals Committee Secretary at the above email or postal address.
8. What if I am unhappy with the appeal decision?
You have a right of Judicial Review at the Court of Session. If you wish to exercise this right, we strongly suggest that you seek independent legal advice.
9. Is there a fee for appealing?
No, the appeals process is free. However, we will not pay any expenses that you incur in bringing your appeal.
If you have further questions on the appeals process, please contact the Appeals Committee Secretary at [email protected] or The Law Society of Scotland, Atria One 144 Morrison Street, Edinburgh EH3 8EX.
If your right of appeal is to another body (for example Judicial Review at the Court of Session), we strongly suggests that you seek independent legal advice.