Code of Conduct updated

Revised version of paragraph 11 (discrimination) of the Code of Conduct, updated in light of recent legislative changes

The Journal, October 2006, page 29

The Society has taken a fresh look at paragraph 11 (discrimination) of the Code of Conduct for Scottish Solicitors, and updated it in light of recent extensions to anti-discrimination legislation. The revised text now reads:

“Solicitors must not discriminate on the grounds of race, sex (including on the grounds of marriage), disability, gender, sexual orientation, religion and belief, or age (including perceived orientation, religion and belief, and/or age) in their professional dealings with clients, employees or other lawyers.

“Legislation already provides that it is unlawful to discriminate against individuals either directly or indirectly in respect of the above grounds; it also protects individuals against harassment, or from victimisation if they raise or support a complaint in relation to issues affecting one of these ‘protected groups’.

“However, solicitors should be prepared to observe not only the letter but also the spirit of the anti-discrimination legislation in all their dealings with clients, employees and others. In particular, solicitors should ensure that within their own firms or where they supervise solicitors working within a company or organisation:

there is no unlawful discrimination in employment including in recruitment, training, employment terms, promotion, advancement and termination of employment;
that those who may carry out work on their behalf do not discriminate unlawfully;
that they, and those they supervise, have appropriate awareness and understanding of the issues surrounding equal opportunities, unlawful discrimination, equality and diversity;
that there is no unlawful discrimination in the provision of legal services, and that those to whom legal services are provided can access them in a manner most appropriate to their needs.”