The governing body of solicitors in Scotland is the Law Society of Scotland and it maintains responsibility for the overall policies and stratagems of solicitors working in Scotland. This was set up in 1949 to maintain the integrity of the profession in Scotland, and promote the solicitors' best interests as well as that of the general public. These aims were elucidated in 1980 by the Solicitors [Scotland] Act 1980. In effect, to be able to practice in Scotland as a solicitor you have to be a full member of this Society and you must hold a Practicing Certificate issued by the Society, updated regularly.
Structure of the Law Society of Scotland
The Society is run by a Management Council that is supported by its board of executive members, with a president and vice president, each of whom hold office for a period of one year. There is also a treasurer and a chief executive, the latter being responsible for the day by day running of the society and responsible for the 120-strong administrative staff. All the staff is chosen from amongst qualified and experienced solicitors who put their names forward to be considered for a position within the Law Society of Scotland.
Scottish Law
The United Kingdom is made up of the British mainland, divided into the country of England, with Scotland to the north and the Principality of Wales to the West. Also belonging to the United Kingdom is Northern Ireland and the Isle of Man, as well as the Isles of Scilly and the Channel Islands of Guernsey, Jersey, Alderney, Herm and Sark. Since devolution occurred in 1999, Scotland and Wales both have their
own governments, elected by the people of those two countries, separate from the English parliament in Westminster.
However, the laws of Great Britain are not reflected along the same lines as the political ones.
The law in Britain usually refers to the Laws of England and Wales whilst the law in Scotland is completely separate from both England and Wales. There are approximately 10,000 solicitors in Scotland licensed to practice law in accordance with the policies of the Law Society of Scotland. Since 1993 Scottish solicitors have been granted equal rights along with Advocates to appear in Scotland's highest courts, with many also being granted the status of Queen's Counsel, known as QCs. In England only barristers are able to take this title and the responsibility that it confers upon the holder.
The English Barristers' equivalent in Scotland are the Advocates, belonging to the Scottish Bar. Advocates give specialist advice on specific matters of law and are able to represent clients in all the Scottish courts.
Notaries Public
These are solicitors who are able to carry out specific functions that involve recording and signing certain legal documentation. Notaries Public have to maintain the highest levels of integrity and regularly renew their licenses as well as update their knowledge to maintain their privileged position.
With the backing of the Law Society in Scotland, solicitors aim to ensure that all their clients are provided with the highest standard of care and service. Apart from ensuring that the general public gets a quality service, clients can be sure that when they use the services of solicitors in Scotland they can be sure of protection from fraudulent practices.
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