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The Tribunal operates under a set of rules which must be approved by the Lord President of the Court of Session. [2] As of May 2018, the Tribunal operated under the Scottish Solicitors’ Discipline Tribunal Rules 2008, which came into effect on 1 October 2008. [5]
According to Chambers and Partners Hopper is "the oracle of all things relating to solicitors’ disciplinary proceedings". [4] Hopper advised Andrew Crossley of ACS:Law who was referred to the Solicitors Disciplinary Tribunal in relation to claims against people suspected of copyright infringement using peer-to-peer file sharing. [5] [6] [7]
The Solicitors Disciplinary Tribunal adjudicates upon alleged breaches, by solicitors, of rules or their code of professional conduct. [60] Cases are prosecuted by the Solicitors Regulation Authority. [61]
Section 94 of the Act modifies the Solicitors Act 1974 to allow Solicitors Disciplinary Tribunals to strike solicitors from the roll, require a solicitor or former solicitor to answer allegations, terminate a suspension from practice authorised by a Tribunal and restore the name of a struck off solicitor to the roll. [81]
The number of referrals to the Solicitors Disciplinary Tribunal was 289, which resulted in 77 strike-offs, 94 fines and 56 suspensions, among other sanctions. The Solicitors Compensation Fund accepted 1,321 claims and paid out £18.54 million for those which were successful.
The Solicitors (Disciplinary Proceedings) Rules 2019 Description English: These Rules regulate procedure for the making, hearing and determination of applications made to the Solicitors Disciplinary Tribunal constituted under the Solicitors Act 1974 (as amended).
The judge was wrong to "read across" from the authorities on solicitors' disciplinary proceedings; and; The decision of the PAT (Police Appeals Tribunal) was not "clearly inappropriate" or "irrational". However, three senior Lord Justices, Lord Justice Kay, Burnton and Gross rejected his appeal. [11] [12]
The Commission has the power to fine legal practitioners whose service is sub-standard, but has no power to suspend or remove a solicitor's license to practice - such power rests with the Scottish Solicitors' Discipline Tribunal. Decisions of the Commission are subject to judicial review by the Court of Session.