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.
Our committees carry out valuable work for the profession and the public. We currently have a broad range of solicitor and non-solicitor vacancies across a variety of committees and panels.
Convener: Craig Cathcart
Secretaries:
- Phil Yelland ([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 it acts independently. It is responsible for the oversight of the Society’s regulatory functions and must be chaired by a lay member, not a solicitor. The committee consists of 10 members – five solicitors and five non-solicitors.
The Regulatory Committee's remit is to set, maintain and enforce standards in the interests of the public and the profession. The information contained in this report illustrates the extent and depth of its work, and its commitment to a well-ordered legal profession, which retains the trust of the public.
Members of the committee are:
Solicitors
Joe Boyd
Esther Duncan
Frank Hughes
David Mair
Prof. Alan Paterson
Non-solicitors
Craig Cathcart (Convener)
Stuart Fair
Carole Ford
Prof. James Gallagher
Adele Keddie
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.
Underneath the Regulatory Committee there are 12 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 executive.
Each sub-committee is responsible for the regulation of different aspects of the regulatory framework.
The regulatory sub-committees are:
|
Admissions |
Education and Training (Standard Setting) |
|
Anti-Money Laundering (AML) |
Practising Certificate |
|
Appeals and Reviews |
Professional Conduct (2) |
|
Civil Legal Aid Quality Assurance |
Right of Audience |
|
Client Protection (formerly Guarantee Fund) |
Rules, Waivers and Guidance |
|
Complaints |
|
The Regulatory Committee operates under a the following remit agreed by the Council.
- To ensure that standards for the profession are set by making relevant and appropriate rules and guidance, to be applied in a uniform and consistent way and reviewed regularly.
- To ensure on an ongoing basis that the internal processes, policies and procedures adopted by the regulatory sub-committees are effective, appropriate and proportionate in order to ensure consistent regulatory decisions are made for the protection of the public and profession and to ensure that the sub-committees comply with sections 3B (2) (a) and (b) of the Solicitors (Scotland) Act 1980.
- Where any rule, policy, process or procedural changes are not in the authority of the Regulatory Committee, to make recommendations for any changes to the appropriate governance group in the Society (eg the Council, Board, Finance Committee or chief executive or, in the case of rules, the general meeting of members and the Lord President).
- To build, develop relations with and consult all stakeholders to ensure confidence in the work of the profession and Society’s regulatory regime.
- To contribute to the Society's overall strategy, annual plan and budget processes, including assisting the chief executive, Board and Council in making resourcing decisions.
- To create a plan of work for the Regulatory Committee based on the strategy and annual plan and report progress on this to the Board.
- To provide a written annual report at the Council and Board on the work of the committee and key regulatory issues.
- To submit all minutes of its meetings to the Council on a timely basis and provide regular reports to the Board.
- To delegate regulatory functions to relevant sub-committees having created and sought approval for the scheme of delegation and the remits of those sub-committees from the Council.
Subcommittees
Convener: Fiona Dromgoole
Secretary: Katie Wood ([email protected])
The aims and functions are:
- 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
- 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
- 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
Fiona Dromgoole (Convener)
Colin Anderson
Brian Barr*
Suzanne Dawson*
Leanne Hammell
Robert Kay*
Thorsten Lauterbach*
Kara McLaren
Patricia Thom
Katie Wood (Secretary)
Members of the committee are:
Solicitors
Ken Dalling (Convener)
Andrew Bertram
Charles Fraser
Alan MacDonald
Jennifer Murchiston
Sara Scott
Non-solicitors
Tracey Carty
Paul Goldsmith
Alastair Graham
Stuart Hammond
Nicola Hannan
Alan Plumtree
Convener: Frank McAuley
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
Frank McAuley (convener)
Faye Anderson*
Helen Cadden*
Euan Cameron
Leslie Forsyth*
Sarah Haig
Anne Hastie*
John Mulholland
Lynn Pilkington*
Fergus Thomson
Catriona Watt
Brian Yates*
Samantha Hollywood (secretary)
Convener: Clair McLachlan
Secretary: Hannah Sayers ([email protected] )
The aims and functions are:
- instruct, receive and consider all reviews under the Quality Assurance Scheme
- instruct formal notification of a practice unit's pass or fail under the scheme
- foster/encourage good practice in the provision of quality assured services
- ensure consistency in the peer review process
- appointment, re-appointment, dismissal or termination of contract, training and monitoring of reviewers
- ratify any recommendation made by reviewer(s)
- receive and consider applications for compliance certificates
- gather statistics and analyse trends from the quality assurance process
- consider whether to make a recommendation to the Professional Conduct Committee of the Society
- consider requests by practice units for routine reviews at their premises
Members
Clair McLachlan (Convener)
Marie-Louise Fox
Norman Gourlay*
Ann Hill*
Graeme Hill*
Grant Horsburgh*
Jennifer Laughland
Fiona Mundy
Lesley Robb
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 new 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/money laundering regulations)
- 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 or money laundering regulations), 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
Kenneth Dalling (Convener)
Alan Matthew (Vice Convener)
Naghat Ahmed*
Anne Follin*
Alan Fraser*
Alastair Graham*
Anne Macdonald
Robin Macpherson
Graham Matthews
Vincent McKeown*
Neil McLauchlan*
Stuart Naismith
Margaret Ogilvie*
Sheila Kirkwood (Secretary)
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 (one remaining complaint to consider).
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
Professor Alan Paterson (Convener)
William Braes*
Ralph Coleman*
Sarah Duffy*
Selena Graham
Jean Grier*
Anne Hastie*
John McHugh
Serena Sutherland
Amy Walsh
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
Jane MacEachran (Convener)
Fiona Allison*
David Blair
Bernadette Campbell*
Chloe Corr*
John Logue
Prof. Kenneth Mackinnon*
Moira MacMillan
Thomas Muinzer*
Dean Purdie
Stephaine Switzer*
Rachel Wood
Rob Marrs (Secretary)
Convener: Graham Watson
- 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)
Colin Anderson
Fiona Larg*
TBC (secretary)
Convener: Christopher Fraser
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 appeals from the Admissions Committee
Members
Christopher Fraser* (Convener)
Derek Allan
Cameron Broadfoot*
David Campbell*
Lorraine Currie
Edward Daly*
John Flanagan
Keith Hamilton
Amy Walsh
Christine Walsh*
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
T. Graham Reid (Convener)
Helen Cadden*
John Dally*
Paul Faris*
Patricia Gray
Lesley Johnson*
Ivor Klayman
Peter Matthews
Grace McGill
Dominic Notarangelo*
Valerie O’Neill
Lesley Reid*
Ian Ritchie and Wendy Henderson (Secretaries)
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
Joseph G Boyd (Convener)
Morris Anderson
William Braes*
Alistair Christie*
Jeremy Clarke*
Ralph Coleman*
Peter Cross*
Carolyn MacLeod
Alistair Murdoch
Christine Reid*
Forbes Watson
Ian Ritchie and Wendy Henderson (Secretaries)
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
Tom Marshall (Convener)
Louise Eaglesham*
Anthony Jones
Gordon Martin
Christine O'Neill
Alex Prentice QC
Paul Walker*
Ellen Wilson*
Brian Yates*
Sonia Gentile-Mills (Secretary)
Convener: Amanda Millar
Secretary: Samantha Hollywood ([email protected])
- to make recommendations to the Regulatory Committee on the practice rules made under s34 of the Solicitors (Scotland) Act 1980 either in relation to new matters or to update existing rules in the light of changed circumstances
- to consider applications for waivers from the rules
Members
Amanda Millar (Convener)
Naghat Ahmed*
Uzma Aslam
Shona Connelly*
Fiona Dromgoole
Alastair Graham*
Moira MacMillan
David Syme
Paul Walker*
Graham Weatherston
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
Jim Stephenson (Convener)
Ben Christman*
Malcolm Combe
Christina Cummings*
Louise Johnston*
Martin Jones*
Fraser Latta
Arlene McDaid
Hayley Mullen
Sheekha Saha
Susan Sutherland*
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
Jim Stephenson (Convener)
Fiona Allison*
David Blair
Bernadette Campbell*
Chloe Corr*
John Logue
Prof. Kenneth Mackinnon*
Moria MacMillan
Thomas Muinzer*
Dean Purdie
Stephaine Switzer*
Rachel Wood
Rob Marrs (Secretary)
Convener: Christine McLintock
Secretary: John Erskine ([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)
Professor Alison Britton*
Fiona Closs
Sheelagh Duffield
John Maciver
David Mair
James McLean
Sheekha Saha
Drew Smith*
Lynda Towers
John Erskine (Secretary)
Subcommittees
Convener: Richard Henderson
Secretary: Andrew Alexander ([email protected])
Convener: David Bennett
Secretary: Carolyn Thurston Smith ([email protected])
Convener: Stephen Phillips
Secretary: Andrew Alexander ([email protected])
Convener: Morag Driscoll
Secretary: Marina Sinclair-Chin ([email protected])
Convener: Stewart Hardie
Secretary: Carolyn Thurston Smith ([email protected])
Convener: Charles Mullin
Secretary: Michael Clancy ([email protected])
Convener: Frank Johnstone
Secretary: Carolyn Thurston Smith ([email protected])
Convener: Joyce Cullen
Secretary: Marina Sinclair-Chin ([email protected])
Convener: Richard Hothersall
Secretary: Gillian Mawdsley ([email protected])
Convener: Gordon McCreath
Secretary: Alison McNab ([email protected])
Secretary: Marina Sinclair-Chin ([email protected])
Convener: Alison Britton
Secretary: Brian Simpson ([email protected])
Convener: Stuart McWilliams
Secretary: Marina Sinclair-Chin ([email protected])
Convener: Jim McLean
Secretary: Carolyn Thurston Smith ([email protected])
Convener: Archie MacIver
Secretary: Gillian Mawdsley ([email protected])
Convener: Eleanor Lane
Secretary: Alison McNab ([email protected])
Convener: Adrian Ward
Secretary: Marina Sinclair-Chin ([email protected])
Convener: John Paul Sheridan
Secretary: Carolyn Thurston Smith ([email protected])
Convener: Norman Dowie
Secretary: Carolyn Thurston Smith ([email protected])
Convener: Alastair McKie
Secretary: Alison McNab ([email protected])
Convener: Tim Musson
Secretary: Carolyn Thurston Smith ([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: Gordon Wyllie
Secretary: Alison McNab ([email protected])
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
Jennifer Gallagher
Julie Hamilton
Mark Higgins
Nicola Irvine
Gordon Keyden
Graeme MacLeod
Cameron McNaught
Claire Mcpherson*
David Sandison
David Taylor
Patricia Thom
John West
Robert Wilson
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*
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), Scottish Fire & Rescue Service
- Sheekha Saha (co-convener), Comhairle nan Eilean Siar
- Thembe McInnes (vice convener), Whyte & Mackay Ltd
- 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
- John Morrison, Phoenix Group
- Norma Shippin, Central Legal Office
- Gregor Watt, Lloyds Banking Group
Conveners:
- Ian Moir
- Mark Thorley
Secretaries:
- Marina Sinclair-Chin ([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)
Mark Thorley (Co-convener, civil)
Stephen Biggam
Jack Grant
Gordon Martin
Grazia Robertson
Convener: Deborah Lovell
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
Deborah Lovell (Convener)
Fiona Alexander
Elspeth Annan
Anne Boyd
Lindsay Darroch
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
Gillian Alexander (Secretary)
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)
Fiona Allison*
Elaine Campbell*
Sharon Connelly*
Denise Loney
Caitlyn Maccabe
Laura Mack*
Dorothy Nicholson*
Sandra Reid*
tbc (Secretary)
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)
Philip Allenby
Abbe Brown
Helena Brown
Stuart Cross
Andrew Farquhar
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
Antony McFadyen (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)
Criona Courtney
Ken Dalling
Colin Dunipace
John Scott QC
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]
Secretary: Elaine MacGlone ([email protected])
The specialist accreditation panels assess applications from solicitors to be accredited in one of 28 areas of law, to act as a solicitor arbitrator or to act 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
Alastair Frood
Ann Greybe
Robin Hill
Kenneth Lauder
Alannah McGinley
Jennifer Scollick*
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*
Anne Macdonald
Jane MacEachran
Clare Macpherson
Joginder Makar*
Mark O'Hanlon
Valerie O’Neil
Susan Oswald
Roy Paterson*
Donna Reynolds
Nick Taylor
Sheila Webster
Fiona J Robb (Secretary)
Convener: Liam McCabe
Secretary: David Cullen ([email protected])
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
Liam McCabe* (Convener)
Abigail Clark*
Peter McCall
Sara Scott
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
Susan Murray (Convener)
Jill Bell
Iain Burke
Stuart Cassidy
Susannah Donaldson
Valerie Dougan
Dorothy Kellas
Drew McCusker*
Eleanor McKnight*
Rupa Mooker
Thomas Murdock
Elizabeth Napier
Dr Karla Perez Portilla*
Stuart Robertson
Frances Ross
Ammara Salimi
Aaliya Seyal*
Jill Sutherland
Rob Marrs (Secretary)
Convener: Paul Matthews
Secretary: David Cullen ([email protected])
- to run the system for the selection for conveners of committees which 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 which report to Council
Members
Paul Matthews (Convener)
Sue Carter
Frank Gill
Christopher Morgan
Eilidh Wiseman
David Cullen (Secretary)
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.
- The Regulatory Committee is 50/50 non-solicitor/solicitor, with a non-solicitor chairperson
- All regulatory sub-committees are 50/50 non-solicitor/solicitor
- All committees under the Regulatory Committee are sub-committees
- Non-solicitor members are marked as *
