Guidance on non-legal court pleaders out in draft
23 Oct 06
Executive consulting on guidance for professionals who seek rights of audience
Consultation is now running on the Scottish Eecutive's draft guidance for non-lawyers seeking rights of audience in court under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
Under sections 25-29 of the Act, due to come into force early next year after years of controversy over their non-implementation, any professional or other body may apply to the Lord President and the Scottish Ministers for the right to enable its members to acquire rights to conduct litigation and rights of audience. The Executive has now issued its draft guidance for bodies seeking such rights, inviting comments by 10 January 2007.
The document, available at http://www.scotland.gov.uk/Publications/2006/10/10120040/0, summarises the legislation before setting out the proposed scope of the draft scheme that applicant bodies will have to submit. It counsels that "The rights sought need to be tailored to your [organisation's] client group and realistic to the services the members of your organisation might provide to their clients."
The document continues: "Your scheme will need to demonstrate that the members to whom your organisation would wish to grant the rights will be properly qualified to undertake these rights and that the code of practice proposed will be appropriate and will be effectively enforced." Education and training, and the level and type of experience that would be required before a member might be considered for these new rights, will come under scrutiny.
Among other matters a scheme will also have to detail what requirements will be placed on members by way of continuing professional development; the organisation's code of practice, disciplinary mechanism and complaints procedures; general criteria for members in determining whether to accept instructions; arrangements for securing that a client will be represented; where appropriate, procedures controlling the handling of clients' money and provisions for compensation; and how the organisation balances professional interests with public interests.
Arrangements will also be required for an adequate level of professional indemnity insurance against loss suffered by members of the public through the body's members exercising the rights sought.
Applications will be published and copied to the Office of Fair Trading for comment
Members of approved bodies will be subject to the new Scottish Legal Complaints Commission in relation to their exercise of rights under the Act.