Law Society consults on proposed practice rule amendments

Amendments are proposed for three Law Society practice rules regarding ARTL, civil legal aid and certain restrictions on practice. The Society’s Council is also considering changes to the constitution, including using digital technology to enhance member participation at general meetings.

The proposed practice rule changes are:

Revocation of Rule B8.2 (ARTL Mandates)

Revocation of this rule will mean that there would no longer be a requirement for solicitors to obtain a mandate signed by the client in a specified form and then register it with the Keeper prior to taking certain steps to deal with property rights in the digital system maintained by the Registers of Scotland.

Replacement of Rule C3 (Civil Legal Aid)

These rules relate to the Quality Assurance Scheme for civil legal aid. The proposed amendment would correct deficiencies and make the rules shorter, simpler and easier to follow.

Revocation of Rule D2.1.8 (part of D2.1 Restriction on Practice)

The proposed change would remove the operation of Rule D2.1.3 (commonly referred to as ‘the three year rule’) in certain circumstances – and as a result remove the current ‘grandfathering’ provision which is both anachronistic and inappropriate and may be perceived as giving an advantage based on a person’s age.

Christine McLintock, president of the Law Society of Scotland, said: “We believe that the proposed amendments will help us meet our regulatory objectives and promote best practice by removing unnecessary burdens on our members, while also improving transparency and consistency.

“We would welcome feedback on the draft Amendment Rules by the closing date on 21 March. We will then consider all the responses and make any necessary changes before bringing proposed rule changes to the AGM for approval.”

If approved at the AGM, the rules will require the approval of the Lord President before they can come into force.

There are a total of 12 proposed changes to the constitution plus one deletion. The majority of the proposed changes relate to Article 14 and deal with draft voting reforms at our general meetings. Comments from members by 21 March 2016 are very welcome.

The proposed practice rule amendments and consultation can be found on the Law Society website: Consultation