Annual Report for the Year ending 31 October 2023

Welcome to the Scottish Solicitors’ Discipline Tribunal’s Annual Report for the period from 1 November 2022 to 31 October 2023. This was another busy year for the Tribunal, even though the number of Complaints lodged with the Tribunal this year has not quite reached pre-pandemic levels.

Regulation of Legal Services (Scotland) Bill

The Scottish Government published its Regulation of Legal Services (Scotland) Bill in 2023. The Tribunal is pleased to see that compensation has been removed from its remit. It is also encouraged to note the extension to the Tribunal’s power to fine in misconduct cases.

I gave evidence to the Equalities, Human Rights and Civil Justice Committee of the Scottish Parliament on behalf of the Tribunal in November 2023. The Tribunal has provided feedback at various stages and continues to engage with the Scottish Government on the key parts of the Bill which affect the Tribunal. The Tribunal looks forward to engaging positively with all stakeholders as the Bill makes its way through Parliament.

Draft Rules

The Tribunal has extensively revised and redrafted its procedural rules. These are currently with the Lord President for approval. The Tribunal hopes that these will become operational in the next reporting year (2023-2024).

Expenses

Following the Tribunal’s consultation on its approach to expenses, and feedback from the Lord President, it has decided that its general approach should be to award expenses on the party and party scale rather than the agent and client, client paying scale. The Tribunal has prepared guidance for users on this change. This will be published shortly, and it is hoped that the Tribunal will start using this new approach at the same time as the new draft rules come into force.

Judgment Publication Policy

This reporting year, the Tribunal consulted on its proposal to institute a Judgment Publication Policy in relation to its written decisions. The final decision on this will be taken in the next reporting year (2023-2024).

Economic Crime and Corporate Transparency Act 2023

This Act of the Westminster Parliament has introduced unlimited fines to the Tribunal in cases involving economic crime. It is not yet known at the time of writing when these provisions will come into force but the Tribunal has followed the Bill’s progress with interest. It is ready to use its new powers in appropriate cases as they come before the Tribunal.

Payment of Solicitor Members

At its AGM in June 2023, the Tribunal agreed that it should pay its solicitor members the same preparation and attendance fees which are paid to the non-lawyer members by the Scottish Government. Solicitor members will therefore be paid from 1 November 2023.

Thanks

Thanks are due to all the Tribunal members for their support, engagement and hard work this year. I am also grateful to the Tribunal Office staff for all their assistance. I look forward to the next Tribunal year with confidence and optimism that the Tribunal will meet its challenges head-on.