Code of conduct for Council and committee members

All new members of Council and its committees are expected to undertake appropriate induction which will be arranged by the Society’s executive.

Council members should endeavour to attend all Council meetings and any meetings of committees of which they are a member. Similarly, committee members are expected to attend all meetings of the committee of which they are a member.

Where a Council or committee member wishes to attend a meeting by video or teleconference (where such facilities are available), they should inform the registrar or relevant committee secretary in good time so the appropriate arrangements can be made. Attendance by video or teleconference will be considered the same as attending in person at a meeting.

Where a Council or committee member is unable to attend a scheduled meeting, they should submit their apologies to the registrar or relevant committee secretary in advance.  Where a Council member expects to miss a number of meetings because of illness or other good reason, they should seek a leave of absence from the president.  Such a request can be made to the president directly or through the registrar.

If a committee member expects to miss a number of committee meetings then they should seek a leave of absence from the committee convener. Such a request can be made to the committee convener or through the relevant committee secretary.

Where a Council member has been absent from three or more consecutive Council meetings and has not been granted a leave of absence from the president, their seat on Council may be deemed vacant in line with Article 11(2) of the Society’s constitution.  Steps will then be taken to fill that seat using the most appropriate method of election, co-option or appointment in line with the Society’s constitution and standing orders (copies of the constitution and standing orders are available from the registrar).

Where a committee member has been absent from 3 or more consecutive committee meetings and has not been granted a leave of absence from the committee convener, their place on the committee may be deemed vacant.  Steps will be taken to fill the vacancy.

Council members have a general duty to make themselves available for service on Council committees, reference groups and working parties and to regularly attend meetings of those groups.

Council members are expected to attend general meetings of the Society unless there is good reason for absence.  Council members are generally expected to support other Society events where due notice has been given and to assist where they have been invited to take on a particular role or duty.

Council and committee members are expected to respect the chair of the meeting, their fellow Council and committee members, Society employees and any other attendees during meetings.  Council and committee members are expected to comply with rulings from the chair in the conduct of the business of these meetings in line with the standing orders (a copy of the Standing Orders is available from the registrar or committee secretary).

Members should follow the principles of mutual respect in all their dealings and be prepared to accept in good faith that others may have equally strong views that differ from their own. Council and committee members should treat colleagues with respect and not engage in any behaviour towards others which might reasonably be interpreted as discriminatory, bullying or harassment.

Council and committee members are expected to meet the Society’s health and safety, smoking and other relevant policies when attending meetings at the Society’s offices or other locations (copies of such policies are available from the registrar).

Council and committee members should take decisions solely in terms of the Society’s statutory role to promote the interests of the Scottish solicitors’ profession and the interests of the public in relation to the profession. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends.

Members of the Society and the public are entitled to expect that a Council or committee member will make a decision based on their conscientious assessment of what is in the interests of the profession and public, without regard to their own interests or those of other organisations or individuals.

In their role on Council or a committee, a member will be required to discuss and vote on a variety of matters.  It is the responsibility of Council and committee members to ensure that decisions are properly taken and that any parties involved in the process are dealt with fairly. They have a responsibility to act fairly and take reasonable steps to be seen to act fairly. In making any decision, Council and committee members should only take into account relevant and material considerations.  Members must not only avoid impropriety but must avoid any occasion for reasonable suspicion of improper conduct.

Council and committee members will often receive information of a private nature which is not yet public, or which perhaps would not be intended to be public. Council and committee members must always respect and comply with the requirement to keep such information private and all such information will be appropriately marked. Council and committee members must ensure that confidential information is kept safely, securely disposed of or effectively protected against loss and/or unauthorised disclosure. This requirement remains in force after their term of office comes to an end.

Council and committee members must ensure that they are aware of their duties under the Data Protection Act. Council and committee members should also abide by the Society’s policies on data handling and security (the Society has guidance for Council members on the Data Protection Act which is available from the registrar).

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Council members should accept collective responsibility for enabling Council to meet its strategic aim and objectives and for decisions taken by Council. Members are expected to contribute to discussion and debate freely to enable robust decisions to be made. Members should recognise that decisions with which they disagree may be made by a majority of the Council. Members may dissent and may make that dissent known publicly.  Subject to their responsibility to represent the views of and give advice to their constituents, Council members should not seek to actively oppose the implementation of decisions that have completed the Society’s due process.

The Society maintains a register of interests and all Council members are expected to comply with the policy on the declaration of interests (note that the register of interests does not current apply to committee members).

Council and committee members are expected to declare relevant interests at meetings they attend. It is the responsibility of Council and committee members to make decisions about whether they have to declare an interest or make a judgment as to whether a declared interest should prevent them from receiving detailed information, taking part in any discussions or voting on a particular issue. Council and committee members can seek advice from the registrar, the chief executive or from other sources available to them.

Council and committee members should respect the employees and contractors of the Society and treat them with courtesy at all times. It is expected that employees and contractors will show the same consideration to Council and committee members in return. Where a Council or committee member has concerns about the conduct of a member of staff, they should either contact the relevant department director or the chief executive to try

and resolve the issue informally.  Formal complaints on the basis of a breach of the Society’s service standards will be considered in line with the Society’s complaint handling process for staff (a copy of this policy is available from the registrar or committee secretary).

Elected Council members are representatives from their local constituencies rather than delegates. Co-opted members may have been chosen to represent a particular sector within the profession.  In both cases, members should strive to represent their constituents’ interests, keep them informed and be reasonably accessible to them.  Council members should take steps to pursue issues that have been raised by constituents, either through Council meetings or through direct meetings or correspondence with Society staff.

Council members may be appointed or nominated by the Council to act as a member of another body or organisation. If so, that Council member is bound by the rules of conduct of those organisations and the member’s responsibility for any actions taken as a member of such an organisation will be to the organisation in question.

Council and committee members should be aware that any public statement made by them may be construed as the opinion of the Law Society of Scotland.  To this end, Council and committee members must abide by the Society’s media protocol (a copy of this policy is available from the registrar or committee secretary).

Council and committee members must abide by the requirements set down for the Law Society as an active registrant under the Lobbying (Scotland) Act 2016.

Council and committee members must not seek any preferential treatment when using services provided by the Society for members or others.

In claiming travel and other reasonable expenses resulting from their Society role, Council and committee members are expected to comply with the Society’s Travel and Expenses Policy (a copy of the Travel & Expenses Policy is available from the registrar or committee secretary).

Council and committee members should not accept any offer of a gift or hospitality arising from their Society role which could give rise to real or substantive personal gain or a reasonable suspicion of influence to show favour or disadvantage to any individual or organisation. Similarly, Council or committee members should never use their Society role to canvass for or seek gifts or hospitality.

Council and committee members are personally responsible for all decisions connected with the acceptance of gifts or hospitality offered to them arising from their Society role and for avoiding the risk of damage to confidence in the Law Society of Scotland. To this end, Council and committee members must comply with the Society’s Gifts & Hospitality Policy (a copy of the Gifts & Hospitality Policy is available from the registrar or committee secretary).

Council and committee members must abide by all equalities legislation and help to deliver the Society’s equality and diversity strategy.

The Council shall automatically consider the suspension of a Council or committee member if they are subject to any investigation or proceedings in the United Kingdom relating to a criminal offence, or elsewhere than in the United Kingdom relating to an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence, and:

(a) the investigation or proceedings relate to an offence involving dishonesty or deception; or

(b) the final outcome of the investigation or proceedings may be that the member is sentenced to a term of imprisonment.

The Council shall also automatically consider the suspension of a Council or committee member who is convicted of an offence which is subject to a level 4 fine or more on the standard scale.

Members of Council and its committees  must abide by the standards which are set down by any professional body of which they are a member.

The Council shall automatically consider the suspension of a solicitor Council or committee member if that member has;

(a) had their practising certificate suspended and/or,

(b) been found guilty of professional misconduct by the Scottish Solicitors Discipline Tribunal.

The Council shall automatically consider the suspension of a lay Council or committee member if that member has;

(a)   been suspended from any professional body of which they are a member as a result of disciplinary or regulatory proceedings and/or,

(b)   been found guilty of professional misconduct or an equivalent by any professional body of which they are a member.

The Council may, in terms of the appropriate Articles of the Constitution and the Standing Orders, consider the suspension/removal of a Council or committee member if that member has breached any provision of this code.