Part II Right to Practise as a Solicitor

Restriction on rights of practising

26 Offence for solicitors to act as agents for unqualified persons.

(1)

Any solicitor to whom this subsection applies who F1or incorporated practice which upon the account or for the profit of any unqualified person—

(a)

acts as agent in any action or proceedings in any court, or

(b)

permits or suffers his F1or, as the case may be, its name to be made use of in any way in any such action or proceedings; or

(c)

F2subject to subsection (4), draws or prepares any writ to which section 32 applies, or

(d)

F3subject to subsection (4), permits or suffers his F1or, as the case may be, its name to be made use of in the drawing or preparing of any such writ; or

(e)

does any other act to enable that person to appear, act or practise in any respect as a solicitor or notary public,

knowing that person not to be a qualified solicitor or notary public, as the case may be, shall be guilty of an offence.

(2)

Subsection (1) applies to any solicitor F4, registered foreign lawyer F5or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000, not being a solicitor F4, registered foreign lawyer F5or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000who is employed full-time on a fixed salary by a body corporate F6or employed by a law centreF7, a citizens advice body or a charity.

(3)

In this section “person” includes a body corporate F8but “unqualified person” does not include F9a licensed legal services provider, an incorporated practice F10, registered foreign lawyer, multi national practice F11or a registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000.

F12(4)

Subsection (1)(c) and (d) shall not apply in relation to—

(a)

writs relating to heritable or moveable property drawn or prepared upon the account of or for the profit of independent qualified conveyancers providing conveyancing services within the meaning of section 23 (interpretation of sections 16 to 22) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; or

(b)

papers to found or oppose an application for a grant of confirmation in favour of executors drawn or prepared upon the account of or for the profit of an executry practitioner or recognised financial institution providing executry services within the meaning of the said section 23.

F13(5)

In this section, any reference to the European Communities (Lawyer's Practice) (Scotland) Regulations 2000 is to those Regulations as they have effect by virtue of the Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019.