The Professional Conduct Team handle all conduct complaints against Scottish solicitors, executry and conveyancing practitioners. We investigate and report on the conduct complaints and the Professional Conduct Sub Committees (PCSCs) make the decisions on whether the complaints should be upheld or not. The PCSCs may impose sanctions on the solicitor if a complaint is upheld or refer them to the independent Scottish Solicitors Discipline Tribunal for prosecution.
Reporting to the Head of Professional Conduct, the Fiscal is responsible for prosecuting Scottish solicitors before the Scottish Solicitors Discipline Tribunal (SSDT), advising and representing the Society in unsatisfactory professional conduct appeals and providing legal advice and opinion. The role includes:
• Prosecuting complaints alleging professional misconduct to the SSDT – including the acknowledgement of instructions, consideration of papers, drafting of the complaint, lodging of the complaint with the Clerk to the SSDT, correspondence with Secondary Complainers, consideration of Answers and productions, lodging of productions, citation of witnesses, attendance at any procedural hearings, conduct of the hearing including the examination and cross examination of the solicitor and witnesses.
• Representing the Society in any appeals to the SSDT in relation to findings of unsatisfactory professional conduct. Including the consideration of whether an appeal should be defended or conceded. If conceded, the negotiation of the most cost effective disposal. If defended, the lodging of Answers and productions. Conduct of procedural and appeal hearings.
• Enforcing any directions under Section 42ZA (4) of the Solicitors (Scotland) Act 1980 Act in terms of Section 53ZC of the Legal Profession and Legal Aid (Scotland) Act 2007.
• Representing the Society in any Sheriff Court proceedings.
• Providing opinions on whether or not particular circumstances may amount to misconduct and whether those circumstances warrant further action. Including opinions on whether court actions should be pursued and/or defended.
• Providing legal advice in respect of questions of procedure/statutory interpretation/policy etc.
• Instructing Counsel and/or expert witnesses if necessary.
• Taking all necessary steps to recover any expenses awarded to the Society and the SSDT in any relevant proceedings including attendance at taxations.
• Working with the Clerks to the Professional Conduct Sub Committees to ensure the effective prosecution and progress of complaints.
• Complying with the Society’s standards, time limits, targets and Key Performance Indicators.
• Developing the case management system used to record all work carried out in the prosecution of complaints, unsatisfactory professional conduct appeals and any other proceedings.
The successful candidate will be an excellent communicator, team player and resilient. In addition, the successful candidate will have or be:
• A Scottish Solicitor with an unrestricted practicing certificate
• Experience in civil litigation
• Knowledge of court procedure and the law of evidence
• Used to handling a high-volume workload in a fast paced environment, working to strict timescales
• Able to understand and analyse complex legal problems
• Excellent interpersonal and communication skills both verbal and written.
As an organisation our Values are Respect, Openness, Progress, Inclusion and Integrity. We strive to embed these in all our interactions with colleagues, members, stakeholders and members of the public.
This vacancy will close at 12 noon on Wednesday 20 January 2021.
Please note that only applications submitted in the correct format will be considered.
No CVs or Agencies please.