Part IIS Right to Practise as a Solicitor

Restriction on rights of practisingS

26 Offence for solicitors to act as agents for unqualified persons.S

(1)Any solicitor to whom this subsection applies who [F1or incorporated practice which] upon the account or for the profit of any unqualified person—

(a)acts as agent in any action or proceedings in any court, or

(b)permits or suffers his [F1or, as the case may be, its] name to be made use of in any way in any such action or proceedings; or

(c)[F2subject to subsection (4),] draws or prepares any writ to which section 32 applies, or

(d)[F3subject to subsection (4),] permits or suffers his [F1or, as the case may be, its] name to be made use of in the drawing or preparing of any such writ; or

(e)does any other act to enable that person to appear, act or practise in any respect as a solicitor or notary public,

knowing that person not to be a qualified solicitor or notary public, as the case may be, shall be guilty of an offence.

(2)Subsection (1) applies to any solicitor, not being a solicitor who is employed full-time on a fixed salary by a body corporate [F4or employed by a law centre.]

(3)In this section “person” includes a body corporate [F5but “unqualified person” does not include an incorporated practice].

[F6(4)Subsection (1)(c) and (d) shall not apply in relation to—

(a)writs relating to heritable or moveable property drawn or prepared upon the account of or for the profit of independent qualified conveyancers providing conveyancing services within the meaning of section 23 (interpretation of sections 16 to 22) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; or

(b)papers to found or oppose an application for a grant of confirmation in favour of executors drawn or prepared upon the account of or for the profit of an executry practitioner or recognised financial institution providing executry services within the meaning of the said section 23.]

F727. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

28 Offence for solicitors who are disqualified to seek employment without informing employer.S

Any person who—

(a)has been struck off the roll; or

(b)suspended from practice as a solicitor,

and while so disqualified from practice seeks or acceps employment by a solicitor in connection with that solicitors practice [F8or by an incorporated practice] without previously informing him [F9or, as the case may be, it] that he is so disqualified, shall be guilty of an offence.

F1029. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

30 Liability for fees of other solicitor.S

Where a solicitor [F11or an incorporated practice], authorised by and acting for a client employs another solicitor [F12or incorporated practice] he [F13or, as the case may be, it] shall (whether or not he [F13or, as the case may be, it] discloses the client) be liable to the other solicitor [F12or incorporated practice] for that other solicitor’s [F14or incorporated practice’s] fees and outlays, unless at the time of the employment he [F13or, as the case may be, it] expressly disclaims any such liability.