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Scottish Solicitors' Discipline Tribunal

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Scottish Solicitors' Discipline Tribunal

Contents

The Scottish Solicitors' Discipline Tribunal (SSDT) is a specialist Tribunal that deals with serious disciplinary issues within the Solicitor profession in Scotland. It was established by section 50 of the Solicitors (Scotland) Act 1980. Complaints regarding Solicitors in Scotland are initially made to the Scottish Legal Complaints Commission. Those complaints which are to do with the conduct of a Solicitor will be passed to the Law Society of Scotland who can decide to prosecute serious disciplinary matters before the SSDT.

Function

The SSDT deals with the following:

  • Professional misconduct complaints
  • Appeals by solicitors against findings of inadequate professional service of the Law Society of Scotland
  • Applications for restoration to the Roll of Solicitors
  • Applications to enforce orders made by the Law Society
  • Appeals by solicitors or lay complainers against findings or failure to make findings of unsatisfactory professional conduct

    • Rules

    The SSDT operates under a set of rules which must be approved by the Lord President of the Court of Session.

    Make up

    The Tribunal consists of two solicitors (who cannot be members of the governing body of the Law Society of Scotland, the Council of the Law Society of Scotland) and two lay members who are drawn from all walks of life. All members are appointed by the Lord President of the Court of Session.

    Solicitor Members

    The present Solicitor members of the Tribunal are:

  • A.M. Cockburn (Chairman)
  • Alan McDonald (Vice Chairman)
  • M. McPherson (Vice Chairman)
  • Colin Bell
  • Mrs D.M. Boyd
  • Douglas McKinnon
  • Graeme McKinstry
  • Kenneth Paterson
  • Nicholas Whyte

    • Lay Members

    The present lay members of the Tribunal are:

  • Professor Kay Hampton
  • Andrew Jones
  • Irene Kitson
  • Rosemarie McIlwhan
  • Elaine Noad, OBE
  • Lisa Tennant
  • Catriona Whitfield

    • Penalties

    The most severe penalty available to the SSDT is to strike a person's name from the Roll of Solicitors. This has the effect of removing a person's right to practice as a Solicitor in Scotland.

    The other penalties that the Tribunal has are set out in section 53 of Solicitors (Scotland) Act 1980 and are:

  • Suspend a person from being able to practice as a Solicitor for a time that the SSDT considers appropriate
  • Suspend or revoke any higher audience granted to a Solicitor under section 25A of the Solicitors (Scotland) Act 1980
  • impose a fine on a Solicitor (or incorporated practice) not exceeding £10,000 (except where the Solicitor is appearing before the SSDT having been convicted of a criminal offence of dishonest, or received a custodial sentence of 2 years or more)
  • censure the Solicitor (or incorporated practice)
  • impose a fine or censure the Solicitor (or incorporated practice)
  • order that recognition under section 34(1A) of the Solicitors (Scotland) Act 1980 be revoked
  • Revoke, suspend or place conditions upon an investment business certificate issued to a solicitor, a firm of solicitors or an incorporated practice

    • References

    Scottish Solicitors' Discipline Tribunal Wikipedia
    (Text) CC BY-SA