News

news : Sep 2004

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Conveyancing where separate solicitors for lenders

Society is investigating a practice of lenders' agents insisting on an executed and stamped disposition before they release loan funds

Investment compliance: interest only mortgages

A reminder to financial advisers dealing with endowment-related mortgages of the standards to be met when advising clients

Multiple claim: vaccine damage

Possible claim arising from the alleged harmful effects of the diphtheria, polio and tetanus vaccination

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

Remit of regulation inquiry into legal profession

The Scottish Parliament Justice 1 Committee announces the remit of its major inquiry into the regulation of the legal profession in Scotland

Rate of interest on landed securities

Rate for the six months from Whitsunday 2001

Guidance on Pension Sharing on Divorce

Guidance given to the Society under the Welfare Reform and Pensions Act 1999

Evidence of survivorship destination

What the Keeper will accept as sufficient evidence that a survivorship destination has not been evacuated

Changes to CPD guidelines

Relaxation to guidelines for those completing their annual requirement early, and those fulfilling their requirement within one month after the formal deadline

Council rejects MDPs

The Society's Council has approved a paper supported at the AGM, concluding that multi-disciplinary practices are contrary to several core professional values

Diets under section 76 of Criminal Procedure Act

Advice from the Deputy Crown Agent for accused persons wishing to plead under accelerated procedure and have their cases called at a local sitting of the High Court

Rate of interest on landed securities

Rate for the six months from Whitsunday 2000

Removing qualified matrimonial homes notes

Keeper’s policy on removing such notes from title sheets

Conveyancing Committee

Committee’s view of the proper practice on delivering the disposition and titles at time of settlement

Terrorist suspects

A list of suspected terrorists issued by the Bank of England

Note from company law committee

A note on what information it is appropriate for solicitors to disclose as legal advisers to companies, and revised contractual terms introduced by Companies House

Welcome change to emergency legal aid

Changes to assist parties making legal aid payments, announced by the Deputy Minister for Justice

Public lacks confidence in civil justice

Findings of the report “Paths to Justice Scotland”

Code of Conduct for Criminal Work

A note of revisions to the code and of new templates to help prepare criminal cases

Investment business – assets frozen in the US

List of organisations identified by the US as having terrorist links – relevant to the money laundering and anti-terrorism legislation

Improving client relations

Recent Society initiatives to assist solicitors with client relations procedures, and a possible model of an internal complaints system

Accounts rules changes

A note of amendments to the Accounts Rules in force from 1 September 2004

Master policy: Society responds

The Society has submitted its response to the Office of Fair Trading, investigating the compatibility of the Master Policy with the Competition Act

Passing game

All solicitors who wish to become registered with the Scottish Football Association as players' agents must pass the players' agent exam

Land Register update – certified plans

New guidelines applying to the submission of certified plans

Online mining reports service

Coal Authority has developed an internet service for the ordering and delivery of coal mining reports

Disqualified directors - DTI crackdown

Department of Trade and Industry has set up a hotline as part of a crackdown on persons flouting director disqualification orders

Free movement in the EU

Note of European Court decision concerning free movement of trainee lawyers within the EU

Professional practice: offers for property

Professional Practice Committee advice on "gazumping" offers and offers submitted by non-solicitor businesses

Practice makes perfect

Society offers Practice Advisory Service, free practical advice on how to run a legal practice more effectively, aimed at smaller firms and sole practitioners

Law Commissions report on partnerships

The Law Commissions have published a joint report recommending reforms to partnership law

Lawseal concludes

Society decides to terminate its public key infrastructure project Lawseal

Bill Adams: an appreciation

Obituary of Bill Adams, former accountant with the Society

Value of the Unit

Recommended value of the Unit for 2004 and where to find changes to the Table of Fees

Style terms of business letter: conveyancing

Introducing an approved style terms of business letter solicitors can use to comply with new practice rules requiring such letters for residential conveyancing

No more research exemption for commercial use

Copyright law has changed, including the narrowing of the current exemtion for research to exclude research for commercial purposes

Jury still out on PDSO scheme

Two more Public Defence Solicitors Offices are to open but opinions vary as to whether the offices established to date have been a success

Builders requesting letter of comfort

Professional Practice Committee comment on form of letter of comfort sought by housebuilders from solicitors for purchaser

Value of the Unit

The recommended value of the Unit for 2001

Conservation burdens

The procedure for applying for conservation body status under the Title Conditions (Scotland) Act 2003 has been announced

New bulletin board posted on Society’s website

A new bulletin board on the Society’s website is the quick and easy way to get all communications from the Society; these can also be emailed on request

SDLT concession

A solution to the question how to achieve same-day registration of title under the stamp duty land tax regime has been agreed with the Inland Revenue

Society and Small Business Gateway come together

The Society aims to provide Scottish Enterprise with a database of firms interested in helping small businesses and start-ups

Special General Meeting

Report of the special general meeting of the Society held on 29 August 2003

Scottish Solicitors’ Guarantee Fund

A recommendation to take measures to prevent fraudulent instructions to transfer money from a solicitor’s client account

Society offers free websites to solicitors

The Society has launched a free service to solicitors who would like to have a website but have not yet managed to set one up

Postgraduate scholarship

Stair Society has established a scholarship to promote postgraduate research in the history of Scots law

Practice points

Late offers and cohabitation agreements are two problem areas recently considered by the Professional Practice Committee

Rate of interest on landed securities

Rate from Martinmas 2000

Value of SOLAS qualification

Description of course and qualification offered by the Society of Law Accountants in Scotland

CPD from afar

Competence Committee has finalised guidance in relation to distance learning

Time limits for making complaints

Guidance as to time limits set by the Society in entertaining complaints of professional misconduct or inadequate professional service

Responses by solicitors to MPs' and MSPs' queries

Recommendation that if solicitors receive requests for information from MPs or MSPs, they seek authority from the client concerned before responding

National launch of Scottish Schools Law Project

Official launch of a project to help school age children understand that laws bring responsibilities as well as rights

Conflict of interest rules: builders/developers

Professional Practice Committee agree relaxation to the conflict of interest rules where solicitors provide only an estate agency service to a builder or developer

Powers of attorney and executries

Circumstances in which a solicitor acting as administrator of a client’s funds or in a representative capacity should have their fees assessed independently by an auditor

Authorised professional firms post n2

A reminder of the authorisation requirements under Part IV of the Financial Services and Markets Act 2000

Scottish Legal Voice

Launch of an internet-based networking and discussion forum for the legal profession

Surveyor Ombudsman launch

The Royal Institution of Chartered Surveyors in Scotland has launched a Surveyor Ombudsman Scheme to consider complaints arising from all chartered surveying services offered across Scotland

Chapter 10: watch this space

Enhanced Chapter 10 fees are coming, but their general acceptance by insurers depends on finalisation of a pre-action protocol

EU rulings on litigation rights

Recent EU developments on in-house lawyers' rights; anti-suit orders; fees in cross-border cases

Interest on landed securities

Rate applicable from Martinmas 2003

Prison visiting times accessible

Scottish Prison Service website now contains details of visiting times applicable in prisons throughout Scotland

Variant CJD Trust – no fault compensation

Description of the trust set up to administer the government compensation scheme and the method of making a claim

New system recommended for asbestos cases

Justice 2 Committee recommends fast track system of justice for asbestos sufferers and other terminally ill people bringing personal injury claims

Investment business – destruction of files

The Professional Practice Committee believes that files in relation to endowment investment business should be retained until the policy has matured

Purchase of accident claims

The Professional Practice Committee is of the view that it would breach the Fee Sharing Rules for solicitors to purchase accident claims from claims companies

The Code of Conduct

The Code of Conduct is to apply to all solicitors whether or not they hold a practicing certificate

Notarial fees in England and Wales

Solicitors should consider whether documents sent for signature in England need to be notarised as it will cost much less to have it signed before a solicitor

Court fee exemptions

Advice in response to difficulties still being faced in some cases with clients who should be exempt being charged court fees

Education law helpline

Govan Law Centre has opened a national Education Law Unit to assist those who advise children with special educational needs and their parents

FAI practice note

A Sheriffdom of Lothian and Borders practice note makes provision for the holding of a preliminary hearing before a fatal accident inquiry

FSA guidance on promotions

Financial Services Authority has provided guidance on disclosure required of FSA-authorised solicitors undertaking non-real-time financial promotions

POCA seizure threshold down

The cash seizure minimum threshold amount under the Proceeds of Crime Act 2002 has been lowered to £5,000

Election needed in advance

Implications for the transfer of a going concern of the VAT (Special Provisions) (Amendment) Order 2004

Legal aid: audit and QA issues

Scottish Legal Aid Board inspectors have been interpreting regulations in a different way from the Society as respects time recording

New Edinburgh PEC service

New property enquiry certificate service from Edinburgh Council, including an online service

Continuing professional development

Planning to meet your continuing professional development obligations

Who owns coolers?

Solicitors handling a business sale where a Coca-Cola branded cooler appears in the list of fixtures and fittings should check who owns the cooler

Unsatisfactory conduct – record keeping practice

In response to an Ombudsman recommendation, the Society may from January 2003 take account of previous complaints against a solicitor when considering future complaints

PKI questions answered

Key questions and answers about Public Key Infrastructure (PKI)

Death certificate protocol

Protocol expected to be agreed with banks, building societies and insurers for intimating death when acting for deceased’s representatives

Modernising stamp duty

Outline of pending major changes to the stamp duty regime

Binding services

A new company is offering a binding service for Society publications including the Journal after the previous suppliers ceased trading

Classic letters of obligation

Master Policy insurers have agreed a slight relaxation to the conditions which have to be satisfied before letters of obligation are treated as “classic” letters of obligation

Exemption from payment of court dues

Correspondence between the Society and Scottish Courts Service about claiming exemption from court fees in legal aid cases

Solicitor’s imprisonment sounds warning bells

Jailing of an English solicitor for failing to report a suspicion of money laundering is a warning to the profession

Appeal court approves adoption practice

A Sheriffdom of Lothian and Borders practice note on eficient management of contested adoption and parental responsibilities proceedings has been approved by the Inner House

Interim rises in legal aid

Justice Minister has agreed interim rises in some legal aid rates and previews further reforms

New environmental law specialism

The Society is introducing a specialist accreditation in environmental law

Jamieson sets out stall for reform

Report of Justice Minister Cathy Jamieson's address to newly qualified solicitors

A three way process

A tight timetable has been agreed to finalise reforms to civil advice and assistance that will accompany an increase in rates in the autumn

SLAB right to refuse court fees

Where assisted clients are exempt from paying court fees, the Scottish Legal Aid Board is right to refuse to reimburse solicitors who have erroneously paid fees

Quality assurance goes live

An update on implementation of the quality assurance scheme peer review process

SLAB criteria: Court of Session

Scottish Legal Aid Board clarification of its attitude to Court of Session proceedings in relation to the availability of jury trial

AGM report

Reports from the 2004 AGM of the Society

From the Brussels office

EU update on maintenance recovery; fair trials

Child witnesses

A third document, "Guidance on Child Witness Court Familiarisation Visits", has been published as part of the Child Witness Support Guidance Pack

Bogus calls warning

The Society has become aware that some solicitors have been contacted by people professing to be from the Society who are not in fact employees

Murray and Flanagan installed for 2004-05

Report of installation of new President and Vice President

SDLT: no more Mr Nice Guy

Inland Revenue announce end of special administrative arrangements to help the transition to stamp duty land tax

Single survey: at last?

Remaining difficulties appear to have been resolved and the single survey pilot will start in mid-July

CML Scotland members - contact list

A list of contact details to use if solicitors are experiencing difficulties obtaining deeds, papers or cheques from a particular lender

RICS offer ADR

The RICS Dispute Resolution Service has launched a new service for resolving dilapidations disputes

Environmental advice online

A free website has been launched by UK environmental regulators to help small businesses understand their environmental obligations and perform them better

SCC plans Coulsfield Report

Lord Coulsfield is to head an advisory group in a Scottish Consumer Council initiative to explore the need to modernise Scotland's civil justice system

Wood's words of wisdom

Report of Sheriff Lindsay Wood's address to newly qualified solicitors

Major rule changes on the way

Society seeks power to suspend solicitors who fail to respond to client complaint investigations, and plans further rules regarding letters of engagement and firms' client relations procedures

Multiple claims: Stockline Disaster Group

Group has been formed by a number of solicitors who represent victims and relatives of deceased victims of the Stockline disaster

Youth passport up and running

The Young Citizen's Passport Scotland, produced in association with the Society, offers a pocket-sized guide to legal issues most relevant to young people

Coal Mining Guidance Notes

Recommendation that practitioners consult the Coal Authority website for current guidance on areas in which a search might be appropriate, rather than rely on the 1999 Guidance Notes

Housing tolerable standard variation of criterion

An order has been passed amending the tolerable standard to permit a waterless closet as an alternative to a water closet

Legal aid – travelling and printing in civil cases

Note of the Auditor’s decision to allow travelling time but disallow outlays for in-house printing

Incidental investment business certification

Changing rules on recording of certification for investment business on a firm’s notepaper

FSA guidance on financial promotion

New perimeter guidance from the Financial Services Authority on financial promotion

Ordnance survey

Obtaining a licence from Ordnance Survey

Conflict of interest in commercial leases

A list of issues arising in commercial leases, for the benefit of prospective clients

SDLT penalties alert

Procedures to be followed by the Inland Revenue in future where stamp duty land tax returns are incomplete

ICAS Tax update

Law Society of Scotland in conjunction with ICAS would like to provide free access for members to ICAS' electronic newsletter for tax matters

Trainee salaries

Recommended rates from 1 July 2004

SSDT website launches

Scottish Solicitors' Discipline Tribunal has a new website covering decisions since 1995

Accounting for commission from investment business

Duties on firms making introductions to independent financial advisers, or receiving commission arising from such business, to account to clients

Rate of interest on landed securities

Rate from Whitsun 2002

Natural water boundaries and the Land Register

Revised guidelines have been agreed between the Society and the Keeper for the Keeper’s staff to apply in relation to natural water boundaries and the Land Register

Legal aid – property recovered or preserved

Society’s comment on Scottish Legal Aid Board guidelines regarding property recovered

Communication initiative 2002 (4) 8

Society’s Legal Education Department scheme to improve communications with each firm employing a trainee

Damages Act 1996 – discount rate

Order setting rate of return to be expected from investment of damages

Meeting with Registers customer service

Conveyancing Committee discussions with Keeper following complaints about service

European decision backs Society’s position on MDPs

European Court in Nova upholds professional rules prohibiting multi-disciplinary partnerships

Business of the High Court

Memorandum by Lord Justice General on guidance to assist planning and disposal of High Court business

Legal correspondence between prisoners + solicitor

Guidance on addressing and sealing correspondence to prisoner clients

Destruction of files

Letter seeking guidance on retention period for conveyancing files and Law Society response

Multiple claims

Co-ordination of claims from derailment at Stranraer; and Sun Ray Therapy as treatment for asthma

Interest on landed securities

Rate from Martinmas 2001

Certificated management courses

Society has teamed up with Institute of Management and Perth College to offer open supported learning course in management

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From the Library>

The name game: rebranding legal firms

"Every firm's name is its brand ... It may be that more should be aiming to be punchier and more easily remembered even where a generic type brand is not possible or appropriate."

The Journal, July 2001