Consumer Rights using Scottish Solicitors

prettyfires

Hello,
Through experience, I thought you should know;
Although you have consumer rights in the UK and in Scotland, if you have any consumer complaints about a Scottish Solicitor, the law directs you to the Scottish Law Complaints Commission (SLCC).
In court, you, as a consumer have no legal right to decide if a Scottish Solicitor has met or breached the Standards of Conduct or the Code of The Law Society of Scotland which is put forward as the standard all consumer should expect in law of Scottish Solicitors.
By law only The Scottish Law Complaints Commission have this legal right.
In effect this seems to mean you have no 'consumer rights' as the law passes them all to the SLCC.
The SLCC then have a time limit in which to make a complaint which is unreasonably short in comparison to the slow moving court process.

It seems a Scottish Solicitor can act on behalf of two clients ( 'conflict of interest' according to The Law Society of Scotland, but perhaps can be excused by using ' a solicitor may act in the best interests of their client even if risks incurring the displeasure of the bench') favouring one over the other and the Police will not get involved as it is considered 'civil'.
This is Scottish Justice.
Be warned !!

cockaleekee

Your post does not make much sense, but from what I can work out you wish to sue a solicitor. If so, the code of conduct is not legally enforceable, it is an indication of good practice, but it is not the law. However you may be able to sue for breach of contract or negligence, in which case the code may be supportive evidence for a claim relating to substandard practice.

cockaleekee

Having now read your other post, it sounds like you need the services of another solicitor before taking further action.

unholyangel

SLCC dont deal with conduct issues......you can also appeal their decision through the courts.

So no, they dont have the final say.

Tbh i think this post might be better served on praise/warnings/vents as there doesnt seem to be a consumer issue here.

prettyfires

Thank you both for your replies.

I would say there is a consumer issue here - if you check the consumer laws, all complaints about Scottish Solicitors must be directed to the SLCC and only the SLCC can determine if a consumer has not been given the best advice, or if a Scottish Solicitor has acted 'illegally'.
The Code of Conduct is the law - the consumer acts state that the Code of Conduct put forward by The Law Society of Scotland is the 'law' and only the SLCC have the power to deal with it.
It is a warning.
I don't have thousands of pounds to sue a lawyer, but if anyone out there would like to represent me on a 'no win no fee' basis, please get in touch !
Thank you

agrinnall

I'm not sure what solicitor you think is going to take on the rest of the profession (thus ruining their chances of ever doing business with any of them again) for no payment, so good luck with that!

prettyfires

agrinnall wrote: »

I'm not sure what solicitor you think is going to take on the rest of the profession (thus ruining their chances of ever doing business with any of them again) for no payment, so good luck with that!

Ha, Ha, none of course !
I think I have already explained how technically there are no 'consumer rights' for consumers of Scottish Solicitors and no other Scottish Solicitor would 'take on the profession' when they can clearly see a 'wrong'.
They are 'self regulating' and will not go 'against ' one another.
We need an independent body to regulate - perhaps even another country to regulate and stop them 'closing ranks' and allowing injustice.
Or at least Police powers to investigate...
:T

maninthestreet

In any civil case, the defendant never has the 'right' to decide the outcome - what would be the point of a hearing if all it did was to 'rubber stamp' the defendants case??

prettyfires

unholyangel wrote: »

SLCC dont deal with conduct issues......you can also appeal their decision through the courts.

So no, they dont have the final say.

Tbh i think this post might be better served on praise/warnings/vents as there doesnt seem to be a consumer issue here.

If you check the Consumer Laws they refer you to the SLCC and The Law Society of Scotland for any issues to do with solicitors. The Law Society of Scotland
Check out the lawscot.org.uk , section , rules-and-guidance
put this forward as the Rules and Guidance solicitors must follow to comply with Consumer Acts - after all they are providing their clients a service. However only the SLCC have the legal jurisdiction to state whether a Scottish Solicitor has met these rules and guidance.
As for 'appealing' to court - again you need money to do so - therefore unless you can afford it, you don't get justice.
This is clearly a consumer issue - consumers think they have protection and rights, but the way it is set up , they don't for this.
My lawyer was acting for me and another client where there was a clear 'conflict of interest'.
I complained to the SLCC, and in answer to my complaint my lawyer gave me a bill nearly 10 times the agreed amount and took me to court.
I was unable to defend myself fully as my defence included the 'conflict of interest' but by law I was not allowed to decide that there was a 'conflict of interest', only the SLCC.
The SLCC then wouldn't become involved because it was going through court - yet I couldn't defend myself without their judgement.
I think there is a clear 'consumer issue' here....

dalesrider

prettyfires wrote: »

I was unable to defend myself fully as my defence included the 'conflict of interest' but by law I was not allowed to decide that there was a 'conflict of interest', only the SLCC.

I think there is a clear 'consumer issue' here....

YOU can't decide what conflict of interest is when taking it to court....
You present your case.

It is then upto the COURT to decide when they review ALL the information. If there was any conflict.

Not sure this is a consumer or a legal issue.

prettyfires

YOU can't decide what conflict of interest is when taking it to court....
You present your case.

I wasn't 'allowed' to present this evidence to the court - it was 'only allowed' to be presented to the SLCC, who refused to look at it because it was going to court.

Not sure how you think this is not a consumer or a legal issue ? !