Policy on reporting of dishonest employees

The Society’s Council has reaffirmed its policy of all instances of dishonest non-solicitor employees to Crown Office where the firm has declined to do so

News, 27 September 2004

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At a meeting of the Council of the Law Society of Scotland held on 25 May 2001, the members reviewed the current policy regarding the reporting of non-solicitor employees of a legal practice who were accused of stealing funds from either the client bank account or the firm’s own account. The current policy is to report all instances of dishonest employees to the Crown Office where the firm has declined to do so.

The Council confirmed that this is still their policy and it was appropriate to publicise this policy in order to ensure that all members of the profession and their employees would be aware of the position in relation to dishonesty. The Council were satisfied that in cases where client funds have been stolen there was a clear responsibility on the Council to report such matters directly to the Crown Office for further investigation. The Council were also satisfied that where funds were stolen only from the firms’ account that allegations of this type require to also be reported to the Crown Office so that a formal investigation could be carried out. The decision regarding subsequent prosecution of the individual would thereafter be a matter for Crown Office and the Procurator Fiscal Service.

LH Cumming, Chief Accountant

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