Scottish Solicitors' Discipline Tribunal

Last updated
Scottish Solicitors' Discipline Tribunal
Established1 September 1980;43 years ago (1 September 1980)
LocationUnit 3.5, Granary Business Centre, Coal Road, Cupar KY15 5YQ
Composition methodAppointed by Lord President of the Court of Session
Authorized by Solicitors (Scotland) Act 1980 (as amended)
Appeals to Court of Session
Website www.ssdt.org.uk
Chairman
CurrentlyColin Bell
Since2 June 2021

The Scottish Solicitors' Discipline Tribunal (SSDT) is a specialist tribunal in Scotland with jurisdiction over serious disciplinary issues within the solicitor profession in Scotland.

Contents

History

The Tribunal was established by section 50 of the Solicitors (Scotland) Act 1980. [1]

Remit and jurisdiction

Professional misconduct jurisdiction

Complaints regarding solicitors in Scotland are initially made to the Scottish Legal Complaints Commission. The Commission then sifts those complaints and determines if they are service-related (in which case the SLCC has jurisdiction) or conduct-related. If complaints are related to the conduct of a solicitor the complaints are referred to the Law Society of Scotland, whose Council can determine if the complaint relates to unsatisfactory conduct (which the Law Society deals with internally) or professional misconduct which is then prosecuted before the Tribunal. [2] [3]

Should the Tribunal determine that a case relates to unsatisfactory conduct then the case is referred to the Law Society. [3]

Section 53(1)(b) Complaint

A Section 53(1)(b) complaint is a complaint that a solicitor has been convicted by a court in an act involving dishonesty, fined in amount equivalent to level 4 on the standard scale, or sentenced to imprisonment for a term of 12 months or more. [4]

Appellate jurisdiction

The Tribunal deals with the following appeals:

In relation to Section 42ZA Appeal, the Tribunal can:

  1. Quash or Confirm the Determination of the Law Society.
  2. Quash the Censure accompanying the Determination.
  3. Quash/Confirm/Vary the Direction being appealed against.
  4. Order retraining of the solicitor.
  5. Impose a Fine not exceeding £2,000.
  6. Order compensation to be paid to the lay complainer not exceeding £5,000.

Penalties

In relation to professional misconduct complaints, the Tribunal can:

  1. Censure.
  2. Impose a Fine of up to £10,000.
  3. Impose a Restriction on a Solicitor’s practising certificate.
  4. Suspend the Solicitor for a period of time.
  5. Strike the Solicitor’s name from the Roll of Solicitors in Scotland.
  6. If the Tribunal considers that the Secondary Complainer has been directly affected by the misconduct, the Tribunal has power to direct the solicitor to pay compensation of such amount not exceeding £5,000 as the Tribunal may specify for any loss, inconvenience or distress resulting from the misconduct.

Rules

The Tribunal operates under a set of rules which must be approved by the Lord President of the Court of Session. [2] As of May 2018, the Tribunal operated under the Scottish Solicitors’ Discipline Tribunal Rules 2008, which came into effect on 1 October 2008. [5]

Tribunal

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. [2]

Solicitor Members

The present Solicitor members of the Tribunal are: [6]

Lay Members

The present lay members of the Tribunal are: [7]

Related Research Articles

Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity. Procedures vary depending on the law society; temporary disbarment may be referred to as suspension.

<span class="mw-page-title-main">Judiciary of Hong Kong</span> Law courts in the special administrative region of China

The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.

<span class="mw-page-title-main">Courts of Scotland</span> Administration of justice in Scotland

The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.

<span class="mw-page-title-main">Supreme Court of Singapore</span> National supreme court

The Supreme Court of Singapore is a set of courts in Singapore, comprising the Court of Appeal and the High Court. It hears both civil and criminal matters. The Court of Appeal hears both civil and criminal appeals from the High Court. The Court of Appeal may also decide a point of law reserved for its decision by the High Court, as well as any point of law of public interest arising in the course of an appeal from a court subordinate to the High Court, which has been reserved by the High Court for decision of the Court of Appeal.

<span class="mw-page-title-main">Judicial Appointments Board for Scotland</span>

The Judicial Appointments Board for Scotland is an advisory non-departmental public body of the Scottish Government responsible for making recommendations on appointments to certain offices of the judiciary of Scotland. It was established in June 2002 on a non-statutory, ad hoc, basis by the Scottish Government, and was given statutory authority by the Judiciary and Courts (Scotland) Act 2008.

<span class="mw-page-title-main">Scottish Land Court</span>

The Scottish Land Court is a Scottish court of law based in Edinburgh with subject-matter jurisdiction covering disputes between landlords and tenants relating to agricultural tenancies, and matters related to crofts and crofters. The Scottish Land Court is both a trial court and an appeal court; hearings at first-instance are often heard by a Divisional Court of one of the Agricultural Members advised by the Principal Clerk. Decisions of the Divisional Court can be appealed to the Full Court, which will consist of at least one legally qualified judicial member and the remaining Agricultural Member. Some cases are heard at first-instance by the Full Court, and these cases may be appealed to the Inner House of the Court of Session.

The Solicitors Regulation Authority (SRA) is the regulatory body for solicitors in England and Wales.

The Nurses and Midwives Tribunal is a former tribunal that was established in the Australian state of New South Wales which dealt with appeals and complaints of professional misconduct by nurses and midwives. The tribunal generally heard matters after the Nurses and Midwives Board has made a decision or a professional association had referred an issue to the tribunal. The tribunal heard matters in an informal manner in an attempt to do justice in the matter. The tribunal also conducted inquiries into complaints referred by the New South Wales Health Care Complaints Commission.

"Appeal as from an abuse" is a legal term applied in the canon law of the Catholic Church, meaning originally a legal appeal as recourse to the civil forum (court) against the usurpation by the ecclesiastical forum of the rights of civil jurisdiction. It could also mean a recourse to the ecclesiastical forum against the usurpation by the civil forum of the rights of ecclesiastical jurisdiction.

The Physiotherapists Tribunal is a former tribunal established in the Australian state of New South Wales which dealt with appeals and complaints of professional misconduct by physiotherapists.

<span class="mw-page-title-main">Courts and Legal Services Act 1990</span> United Kingdom legislation

The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The Act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked.

The Glanville Davies affair was a scandal in the English legal profession which resulted in greater reform of the regulatory processes for solicitors and was one of the justifications for the Courts and Legal Services Act 1990. Glanville Davies was a well-respected solicitor and a member of the Council of the Law Society of England and Wales who massively overcharged his client, Leslie Persons, sending him a bill for £197,000 that was reduced on taxation to £67,000. Davies was not punished by the Law Society's internal regulatory committees, which allowed him to resign from the council on the grounds of ill-health with his reputation intact. Following litigation and public criticism, the Law Society commissioned an internal report that found "administrative failures, wrong decisions, mistakes, errors of judgement, failures in communication and insensitivity". A private member's bill reformed the way in which the Law Society investigated disciplinary complaints, although not to the extent initially proposed, and paved the way for the Courts and Legal Services Act 1990 that created an independent disciplinary body.

<span class="mw-page-title-main">Roslyn Atkinson</span> Australian judge

Roslyn Gay Atkinson is a former Justice of the Supreme Court of Queensland, who served for 20 years from 1998 until her retirement in 2018. In 2002 she also became the Chairperson of the Queensland Law Reform Commission, and served in that role until her retirement in 2013. As well as being responsible for the Yankee Doodles precedent, Justice Atkinson has also made two notable decisions in her capacity as member of the Queensland Legal Practice Tribunal.

<span class="mw-page-title-main">Investigatory Powers Tribunal</span> State surveillance tribunal in the United Kingdom

The Investigatory Powers Tribunal (IPT) is a first-instance tribunal and superior court of record in the United Kingdom. It is primarily an inquisitorial court.

<span class="mw-page-title-main">Judiciary of Scotland</span>

The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.

<span class="mw-page-title-main">Tasmina Ahmed-Sheikh</span> Scottish politician

Tasmina Ahmed-Sheikh OBE WS NP is a Scottish politician who was the Member of Parliament (MP) for Ochil and South Perthshire from 2015 to 2017. A former member of the Scottish Conservative party, Labour and the Scottish National Party (SNP), Ahmed-Sheikh served as the SNP's Trade and Investment spokesperson, Deputy Shadow Leader of the House in the House of Commons, and the SNP's National Women's and Equalities Convener. A solicitor and businessperson, and a former actress, Ahmed-Sheikh founded and formerly chaired the Scottish Asian Women's Association.

The Scottish Legal Complaints Commission (SLCC) is a non-departmental public body responsible dealing with unresolved complaints against legal practitioners operating in Scotland. It was established under the Legal Profession and Legal Aid (Scotland) Act 2007 and came into operation on 1 October 2008, replacing the Scottish Legal Services Ombudsman.

The New York State Commission on Judicial Conduct is an eleven-member panel with authority to discipline judges of the New York courts. The Commission is constitutionally established to investigate and prosecute complaints filed against New York judges.

The Medical Practitioners Tribunal Service (MPTS) is a tribunal in the United Kingdom that adjudicates on complaints made against doctors, making independent decisions about their fitness to practise. This includes imposing sanctions for decisions about violations of ethical principles.

<span class="mw-page-title-main">Alistair Duff</span> Scottish lawyer

Alistair John MacKenzie Duff is a former Scottish advocate and sheriff who later became Director of the Judicial Institute of Scotland before resigning after being arrested and charged with undisclosed offences.

References

  1. "Solicitors (Scotland) Act 1980", legislation.gov.uk , The National Archives, 1980 c. 46
  2. 1 2 3 "About Us". Scottish Solicitors' Discipline Tribunal. Retrieved 2018-05-13.
  3. 1 2 "How we investigate conduct complaints | Law Society of Scotland". Law Society of Scotland. Retrieved 2018-05-14.
  4. "Scots lawyer jailed for embezzling £400,000 from deceased client's estate struck off solicitors' roll". Scottish Legal News. Retrieved 2018-05-14.
  5. "Scottish Solicitors' Discipline Tribunal Rules 2008" (PDF). www.ssdt.org.uk. Scottish Solicitors' Discipline Tribunal. 1 October 2008. Retrieved 2018-05-14.
  6. "Solicitor Members". Scottish Solicitors' Discipline Tribunal. Retrieved 2018-05-13.
  7. "Lay Members". Scottish Solicitors' Discipline Tribunal. Retrieved 2018-05-13.