Failures to comply “undermine the status of the profession”

A solicitor’s failure to comply with regulators and court orders “undermines the status of the profession” according to the Court of Session.

At a hearing this week the court stopped short of finding a solicitor in contempt of court for failure to comply with a court order to deliver files to the SLCC, one of several cases of non-compliance petitioned to the court regarding this solicitor. 

However, the solicitor was ordered to pay expenses at the higher rate, and the court described the decision as a “a shot across the bows”.

Counsel for the solicitor outlined professional and personal circumstances which had led to the solicitor “drowning under the weight of ordinary business and dealing with complaints”. However, he noted that despite the defences provided, “these are not obligations that can be avoided”.

Counsel also noted that “regulators are generally sympathetic, but one has to engage” and that non-compliance with a court order cannot be excused “because it should never get to that stage”.

Commenting on the proceedings, Chief Executive, Neil Stevenson, said, “We have now seen a number of cases where solicitors have not complied with our requests, or with court orders, and evidence has been led in court showing they were unable to deal with ordinary business, including responding to complaints from clients.

“While we have sympathy with people’s personal circumstances, it is deeply concerning that regulated professionals who find themselves in difficulties are not seeking the help and support they need to manage their business and to meet the needs of their clients.

“We have seen too many cases where solicitors are clearly unwilling or unable to meet their professional obligations but continue to take on new work while avoiding their existing commitments.

“That’s not in the best interest of their clients, it’s not in the public interest, and it’s not in the interests of the wider profession.”