Scottish Solicitors' Discipline Tribunal

Complaints regarding solicitors in Scotland are initially made to the Scottish Legal Complaints Commission. The Commission then sifts those complaints and determines if they are service-related (in which case the SLCC has jurisdiction) or conduct-related. If complaints are related to the conduct of a solicitor the complaints are referred to the Law Society of Scotland, whose Council can determine if the complaint relates to unsatisfactory conduct (which the Law Society deals with internally) or professional misconduct which is then prosecuted before the Tribunal.[2][3]

Should the Tribunal determine that a case relates to unsatisfactory conduct then the case is referred to the Law Society.[3]

A Section 53(1)(b) complaint is a complaint that a solicitor has been convicted by a court in an act involving dishonesty, fined in amount equivalent to level 4 on the standard scale, or sentenced to imprisonment for a term of 12 months or more.[4]

The Tribunal deals with the following appeals:

• Applications for restoration to the Roll of Solicitors and Applications for Removal of a Restriction on a practising certificate
• Appeals by solicitors / lay complainers against findings / failure to make findings of unsatisfactory professional conduct.

In relation to Section 42ZA Appeal, the Tribunal can:

1. Quash or Confirm the Determination of the Law Society.
2. Quash the Censure accompanying the Determination.
3. Quash/Confirm/Vary the Direction being appealed against.
4. Order retraining of the solicitor.
5. Impose a Fine not exceeding £2,000.
6. Order compensation to be paid to the lay complainer not exceeding £5,000.

In relation to professional misconduct complaints, the Tribunal can:

1. Censure.
2. Impose a Fine of up to £10,000.
3. Impose a Restriction on a Solicitor’s practising certificate.
4. Suspend the Solicitor for a period of time.
5. Strike the Solicitor’s name from the Roll of Solicitors in Scotland.
6. If the Tribunal considers that the Secondary Complainer has been directly affected by the misconduct, the Tribunal has power to direct the solicitor to pay compensation of such amount not exceeding £5,000 as the Tribunal may specify for any loss, inconvenience or distress resulting from the misconduct.

The present Solicitor members of the Tribunal are:[6]

• Nicholas Whyte (Chairman)
• Alistair Cockburn (Vice Chairman)
• Alan McDonald (Vice Chairman)
• Colin Bell (Vice Chairman)
• Kenneth Paterson (Vice Chairman)
• Catherine Hart
• Beverley Atkinson
• Douglas McKinnon
• Chris Mackay
• Gillian Mawdsley
• Eric Lumsden
• Benjamin Kemp

The present lay members of the Tribunal are:[7]

• Professor Kay Hampton
• Andrew Jones
• Irene Kitson
• Rosemarie McIlwhan
• Martin Saville
• Lisa Tennant
• Catriona Whitfield
• Julius Erolin
• Paul Hindley
• Dr Kenneth Mitchell
• Ian Shearer
• Edward Egan