The SLCC has said in response to the Scottish Solicitors Discipline Tribunal’s recent consultation on the standard of proof to be applied in misconduct proceedings, that it should lower the standard of proof to the civil standard.
The SLCC’s view is that the SSDT should fall in line with its many counterparts, including the legal profession in England and Wales, as well as health, social and financial regulators in the UK and Scotland.
The SLCC considers that a change would reassure the public and the profession that a modern, proportionate and logical approach is being taken to the discipline of Scottish solicitors. The change would also assist in removing another layer of complexity in an already complicated process, where it’s possible for a single complaint to be subjected to multiple threshold tests and standards of proof by the various regulators involved.
The SLCC’s response to the SSDT's consultation on standard of proof .