SLCC comment on Court of Session ruling
This guidance from the court is very welcome, and provides clarity to the profession on what is expected when we make a statutory request for information.
The SLCC was set up to deliver an efficient and effective complaints service. That can only happen if solicitors abide by their regulatory duties to provide files and responses to the SLCC when required.
This decision makes clear to the profession that a request from the SLCC for information is one they must comply with, including in cases where the complainer is not the client. Lawyers can do so in the knowledge that the court recognises the legislation setting up the SLCC overrides their duty of confidentiality. We can also reassure lawyers that the SLCC will act to protect client confidentiality in the way it handles such information, given the public interest in the SLCC being able to investigate complaints thoroughly and fairly.
The court notes its earlier guidance that legally privileged material can only be shared with client consent.
In most cases we expect that firms should be easily able to produce the required information, or that discussion with the SLCC will enable agreement on what needs to be provided to allow us to carry out our statutory role.
However, as our annual report published this week notes, there remains an issue with a significant minority of lawyers failing to meet their duties to timeously respond to the SLCC even where it is clear in law that information must be provided. Sadly this is not exceptional, and on those cases we will continue to take robust action to allow us to do the job parliament tasked us with.
We welcome the recent announcement that the Regulatory Committee of the Law Society will introduce a new conduct rule formalising the long-held requirement for solicitors to cooperate with the SLCC, including if they are the subject of a complaint.
Should any firms subject to a complaint have any questions about the information we request, our team are always happy to discuss this.