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Legal News

Scottish Law Agents Society - News

19 January 2020

Scottish Law Agents Society - News
  • TCPD Goes National with a Free Trial Podcast - 2019-2020

    First of all, we have to welcome into the profession and to membership of SLAS, the 2019 cohort of new colleagues. With 27 members, this was the largest group that has taken the programme although not all members were doing the whole programme this year. As can be seen from the photographs, this at least looks like a superb new cohort of future colleagues and, from our training programme, we have every confidence that they will take the profession successfully into a future which has, by courtesy of Esther Robertson and others such as the Competition and Markets Authority, suddenly begun to look ominously interesting.

    Michael Franklin, Michael Cunningham, Andrew Mack, Calum Thornton, Lewis Barn

    Sheila Mackintosh, Kaitlin Boswell, Jasmine Ferguson, Antonia Jones, Nicola Cathcart

    Alannah Sloss, Taylor Muir, Laura McGurnughan, Matthew Albiston, Laura Robb, Luci Petrescu, Amrit Singh Pawar, Laura Barnett

    Lauren McGhie, Jennifer O’Brien, Lauren Smith, Christine Brownlie

    As far as the 2020 programme is concerned, we have decided to consider whether or not it is appropriate for a national society such as SLAS, to present a training programme which can only be undertaken by physical attendance within Glasgow City Centre. We will now look at a possible, new timetable which will reduce substantially the number of face to face attendances in Glasgow and introduce an element of electronic networking which will enable suitable parts of the programme to be undertaken by podcast or such like at a distance. The draft timetable is printed below. As you can see, this proposes an element of Saturday morning attendance and we would be most interested to hear from prospective subscribers as to whether that is something that would be welcomed. It may be that we will revise the timetable if Saturdays are deemed to be beyond the pale or it may even be that we would run alternative timetables in parallel if the number of interests makes that financially feasible. Please send your views and comments to secretary@slas.co.uk. If you wish to book a place on the 2020 programme, then please go to www.slas.co.uk and click on the news item entitled Free Trial Podcast where you will find an application form which you can download, print, complete and post into the address provided.

    As usual the trainers feel they learned as much from the 2019 programme as the trainees who brought to the course an interest and enthusiasm which helped everyone to enjoy and benefit from it. Over the years, we have come to the conclusion that one of the most valuable aspects of the programme , if not the most valuable, is the opportunity for trainees to network in a community with trainees from other firms in other parts of the country and from other areas of legal practice. I emphasise the collegiate nature of the TCPD at this particular point in time because we now hear the sound of jungle drums that seek to diminish or extinguish that aspect of the programme. This is based on the premise that it is the firms which pay for the TCPD and, rather than lose their trainee solicitors for periods of time attending TCPD programmes, they could be better trained for the particular purposes of the training firms if they did that training in house. This would avoid periods out of the office and would make the trainee more specifically suitable for work in that firm, if their traineeship is extended into a long term position. There are two huge fallacies in that position. In the first place, it assumes that, because most firms pay for their trainees’ TCPD programmes, then somehow the firm becomes the paying customer. That is not the case. The customer is very much the trainee. The trainee is entitled to a proper training as a solicitor and not a restricted training as a clone to a particular firm. The second fallacy is the assumption that the trainee will proceed to a long term or permanent position in the training firm. That is most certainly not the case as 22 trainees found out a few years ago when, having undertaken traineeships addressed specifically to work in the Crown Office, found that their positions were terminated at the conclusion of their traineeships. Many of them were subsequently re-engaged at Crown Office but the position was made clear that that might not necessarily have been the case.

    Although our formal meetings run from January to June 2020, the community forms itself by email, podcast and website communication as soon as trainees apply to join the programme. This way, we hope to have much of the basis of the programme established before the formal meetings commence. We also provide subscribing trainees with a one year free membership of the Scottish Law Agents Society, including all publications and other members’ rights during that period. This further extends the networking potential of the programme. Please find application forms for the TCPD programme enclosed with this edition.

    We also welcome the new cohort of trainees to the TCPD 2020 programme and ask for the assistance of the wider SLAS membership (ie you) with the course input which can only come from the practising profession and which distinguishes our programme from those provided from outwith the practising profession. If, in the course of your practice, you come across some particular gem of a style or some unusual and instructive document of legal title or some piece of correspondence which casts light upon some particular practical issue, or a piece of legislation of particular usefulness, then please think about sending a copy with or without comment to secretary@slas.co.uk. Any such item should of course be suitably anonymised and, if not, will certainly be anonymised at our end prior to use or presentation. Much of the programme is made up from such items provided from a relatively narrow range of practitioners and while these items make a valuable contribution to the course, I am convinced there is much richer seam of intelligence waiting to be mined for the better instruction and training not only of trainee solicitors but of the “practising” membership of SLAS at large.

    We propose therefore one particular, important change in the structure of the TCPD programme for 2020. We propose to incorporate delivery by podcast. These podcasts will be supported by email material and participation will be verified by the return of email responses within set periods. For example, the Legal Writing module will be supported by email text and trainees will be required to return responses to requests contained within the podcast delivery. The timetable is shown below. However, this is very much in draft at the present time and we seek to run a trial podcast exercise which you can find by visiting www.slas.co.uk, go to the News Section and open Free Trial Podcast where you will find a link to the podcast.

    Please note that the venue for our programme at the Royal Faculty of Procurators in Glasgow is situated at about 200 metres from Queen Street Station and is particularly convenient for attendance by train.

    It would be very helpful if, when making your application, you would let us know of any particular matters you would like to address during the TCPD programme or of any particular problems you anticipate in the course of training and legal practice. Do you know how to address the persons who will preside over the various different courts and tribunals and other forms of hearing in which you will be called to make representations? Is it sufficient to have communications recorded in electronic format or is it necessary also to retain paper copies with wet signatures? Would you like the programme to include a basic instruction as to how to manage an email account and electronic document construction and management? This is your programme and you are invited to reflect upon your studies and experience thus far and to contribute to the construction of a programme which will be of the maximum interest and benefit.

  • FREE TRIAL PODCAST - Trainees Continuing Professional Development (TCPD)

     

    Trainees Continuing Professional Development  (TCPD)

    This message is for the attention of trainee solicitors who require to take the TCPD programme and an application form is attached for the joint Royal Faculty of Procurators in Glasgow (RFPG)/ Scottish Law Agents Society (SLAS) TCPD programme which will run fromJanuary to June 2020 with additional – non mandatory-  involvement available through until the end of 2020.

    First of all find attached an application form which you may download, complete and send to the Scottish Law Agents Society 166 Buchanan Street Glasgow G1 2 LW or DX 266 Glasgow along with a remittance for £100 in payment of the deposit against the total course fee of £900.

    Then see attached also an application form for one year’s free membership of SLAS which you should also download, complete and return along with the TCPD application. You will be free to terminate your membership of SLAS after the first year without any payment required.

    Next, see the text of an article which describes the TCPD experience including the proposed timetable on which you are invited to comment, particularly with regard to the proposed Saturday morning meetings and the use of podcasts.

    Finally, copy and paste this link –

    https://www.dropbox.com/s/3zycn3fbqfi1i09/TCPD%20Podcast.MPG?dl=0

      to find a free trial podcast which you are invited to undertake whether or not you apply to the joint TCPD programme.   Indeed, even if you are a qualified solicitor you might wish to undertake this podcast module and obtain one hour of free CPD. Of course, we can only confirm TCPD or CPD undertaking if there is suitable verification of attendance in place.  The conditions of certification therefore are that you watch the podcast in one sitting and send emails at the appropriate prompts so that these will arrive during the presentation of the podcast and also that you complete and submit within 48 hours of attending the podcast a response to the question set at the end of the podcast.

    For any further information please send your inquiry to secretary@slas.co.uk     

     

            SLAS Membership Application Form  (REFERRED TO ABOVE)

         I apply for membership of the Scottish Law Agents Society.

    Signature             ……………………………………………………………...….

    Full Name           …………………………………………………………….…

    Firm Name          ………………………………………………………………

    Firm Address      ……………………………………………………………

    ……………………………………………………………………………….

    DX No.        …………………………………Date……………………………

    e-mail address     ………………………………………………………………

    Date qualified/Commenced Traineeship     ……………………………………………………………

    Telephone           …………………………………………………………….

     

    Category          Cost

    Solicitor/General                  £80.00

    Trainee/Retired /Qualified within last 3 years                   £40.00

    Gazette Only (UK)                £50.00

    Gazette Only (Overseas)                 £60.00

    TCPD 2020                                  £ nil

     

                                                   Post or fax to:

    Secretary, Scottish Law Agents Society, 166 Buchanan Street, Glasgow, G1 2LW

    Phone : 0141 332 3536         Fax : 0141 353 3819      Email: secretary@slas.co.uk

    ……………………………………………………………………………………………………………………………………………………………

     

    TCPD APPLICATION FORM (REFERRED TO ABOVE)

    I wish to apply for enrolment in the Trainees Continuing Professional Development (TCPD) Course provided by the Scottish Law Agents Society and the Royal Faculty of Procurators in Glasgow subject to conditions including the following:

     

    1 I understand that my application will only be considered when my remittance for the deposit of £100 made payable to Sheridan's/SLAs/TCPD has been received by Scottish Law Agents Society, 166 Buchanan Street, Glasgow G1 2LW DEX GW 266 (please note that you may transmit this remittance by credit card by telephone direct to Scottish Law Agents Society on 0141 332 3536). Detailed course conditions will then be issued to you for acceptance and confirmation of your place.

     

    2 upon receipt of my application I will be contacted by the course convenor to discuss the most suitable date to commence the TCPD.

     

    3 if I wish to cancel my application after making payment of the said deposit of £100 I shall receive a refund of £50 if such cancellation is intimated more than one month before the commencement of the course and I shall receive no refund of deposit if the cancellation is later than one month before the commencement of the course.

     

    4. The total course fee of £900 shall be paid, in the same manner as a deposit, at least one week before the commencement of the course and shall otherwise be subject to an administrative surcharge of 10%

     

    Name.............................................................................

     

    Firm.................................................................................

     

    Address/DX....................................................................

     

    ...........................................................................................

     

    Date of Commencement of Traineeship...................................

     

    Contact Telephone Number......................................................

     

    Email Address.........................................................................

     

    Any Other Comments.................................................................

     

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    TCPD Article/Time Table Referred to Above

    Scottish Law Agents Society   and   Royal Faculty of Procurators in Glasgow – Joint Programme

    Trainees Continuing Professional Development (TCPD) has been prescribed by the Law Society as a requirement for the professional qualification of trainee solicitors.  A team from the Royal Faculty of Procurators in Glasgow (RFPG) and the Scottish Law Agents Society (SLAS)   has drawn up a programme which meets all of the requirements of the Law Society aimed at supporting but with the minimum of disturbance to the main training vehicle, the traineeship itself, while providing through a team of experienced solicitors an excellent training in each of the main areas of legal practice. As far as possible this programme will be part of your traineeship rather than be additional to it and will incorporate topics requisitioned by your training firm.

    In particular, the trainees taking the course will complete the Law Society requirements for  training in:-

    •              Professional Ethics and Standards

    •              Professionalism

    •              Professional communication

    •              Business, financial, commercial and practice awareness

    •              Substantive and relevant legal knowledge

    The course will take the form of a series lectures, discussions, webinars, transactions, draftings, adjustments pleadings, trials, debates etc., to be convened from January 2019 to June 2019 with a helpline facility running on to January 2020 at a total cost of £900 (No VAT) per participant, including all materials and some hospitality.   Our programme proposes that all trainees taking the course shall

    1 .Under the guidance of an experienced solicitor, study the construction and content of a typical solicitor’s client file.

    2 .Make representations in the Sheriff Court in a contested matter.

    3. Analyse a model set of domestic residential missives and deal with a specific drafting difficulty.

    4. Analyse the pleadings contained in a genuine Closed Record and engage in legal argument thereon (No, we won’t, yes we will)

    5. Analyse the terms of a standard private client’s Will and adjust a variation further to a specific instruction.

    6. Draw a petition for the appointment for an executor dative in specific circumstances and ascertain and complete the forms necessary for the confirmation of an executor in an inheritance tax liable estate.

    7. Analyse a common form of offer for the purchase of commercial premises, including the business operated therein and distinguish this from a share transfer proposal.

    8 .Listen to a senior expert practitioner describe the criminal process at Sheriff Court level.

    9. Meet senior officials from the Scottish Legal Aid Board and discuss the legal aid process and use of I.T. in that process.

    10. Meet a senior official from the Law Society of Scotland and discuss the complaints issue with particular reference to the new Scottish Legal Complaints Commission.

    11. Meet an experienced practitioner for an analysis of the fee charging process and the dangers and difficulties that can arise.

    12 .Engage in negotiation for the settlement of an action raised in the context of nuisance, based on a genuine closed record.

    13. Meet a technical legal issue in an interview context with expert guidance to hand with participation in approx. 12 scenarios.

    14 .Rehearse a scripted summary trial and respond, individually, without script, to particular issues arising.

    15. Engage in discussion of client care with an experienced solicitor using relevant and up to date materials.

    16 .Review the use IT facilities which are available to the legal profession as outlined by an experienced solicitor / IT practitioner.

    17.  Examine critically, along with an experienced solicitor, various examples of written documents required in day to day legal practice.

    18. Review, in discussion with an experienced practitioner, the importance of diary, personal organisation, time and risk management issues.

    19. .Engage in a series of meetings with an acknowledged expert in professional ethics to review ethical issues in the practice of law and make presentations in relation to specific case studies.

    20. .Analyse a common form of commercial lease and draw an amendment thereto in terms of a given correspondence.

    21. .Listen to a distinguished, senior solemn trial expert describe the preparation process in detail.

    22. .Meet a Chartered Accountant and to review examples of company account, executry accounts and consider financial aspects of legal practice.

    23. .Take away a DVD recording of his / her own performance in specific parts of the course.

    Book your place or intimate an expression of interest by email to secretary@slas.co.uk quoting reference TCPD-Jan-19 and stating your name and the name/address of your firm and your traineeship commencement date.

     

    Draft Time Table

    Friday, 24/01/2020         

    Registration and Introduction for preparation of course 10am – 11am

    Personal Organisation and Time Management   11am – 1pm

    Ethics  2pm – 6pm

                                                   

    Saturday, 25/01/2020    

    Executry Practice 9am – 12pm   

                                                                   

    By Pod-cast (dates to be adjusted)          Legal Writing  2 hours   

    Negotiation - 3 hours

     

    By Pod-cast (dates to be adjusted)                          Conveyancing  2  hours

                                                                   

    Friday, 28/02/2020         

    Civil Litigation  10am – 1pm       

    Civil Litigation  2pm – 5pm         

                                                   

    Saturday, 01/03/2020    

    Client Care workshop 9am – 10:30am    

    Criminal Litigation  10:30am – 12:30pm 

                                                   

    By Pod-cast (dates to be adjusted)            IT and the legal office  2 h 30 m

                                                                     Governance of legal profession 2 hours

                                                                     Commercial Leases  2 hours                                       

    Thursday,23/04/2020    

    Legal Aid provision  10am – 12 noon      

    Professional Conduct  12 noon – 1pm    

    Sheriff Court presentation  2pm – 6pm 

                                   

    Friday,24/04/2020          

    Criminal Litigation 9am – 11am

    Financial and Commercial Awareness  11am – 1pm        

    Financial and Commercial Awareness (2)  2pm – 3pm    

    Interview scenarios  3pm – 5:30pm                        

     

     

     

     

     

     

     

  • Proposed Changes to the Accounts Rules Consultation

    25th July 2019

    Proposed Changes to the Accounts Rules Consultation - Please read and let us have your views secretary@slas.co.uk.

    __________________________________

    Dear Sirs,

    I am emailing about the proposed addition to the Accounts Rules discussed at the Society’s recent AGM.

    At that meeting there appeared to us to be an acknowledgement by those present as to why the rule might be necessary, but concern that perfectly legitimate private client business would be outlawed. It was suggested at the meeting that this concern could be addressed if the Rule were amended to reflect the terms of the Master Policy, namely that solicitors can carry out business “customarily carried out” as a legal service. We have altered the proposed rule to reflect the terms of the Master Policy, and a copy of that is attached.

    Ahead of the AGM the Society also circulated draft guidance for comment. At the meeting there was an acknowledgement that the scenarios/examples set out in the guidance were not acceptable practice. However, there was also some comment that it would be useful to have a further discussion about the guidance in general.

    You were kind enough to respond to the original consultation on the proposed rule and/or provide comments on the guidance when it was initially circulated. I should be extremely grateful to receive any further comments you may have by 31 July 2019. Thereafter, the guidance and any amendments will be reviewed again via the Society’s committee structure.

    Kind regards,

    Hugh Sanders,
    Solicitor
    Law Society of Scotland 

    __________________________________

    Dear Sirs,

    I thank you for your email sent 17 July but I am sorry to say that I am not really in a position to make any further comments, as requested. The main reason for this is that my position is purely representative and I have no mandate to speak for any other solicitors. All I can do is to convey the terms of your consultation to our membership and report back in terms of what is communicated to me. Another incident is that I am a full time, practising solicitor who is currently attending to the business of a partner who is abroad on holiday and this very significantly restricts my facility for conducting a consultation within the very limited timescale which you propose.

    Nevertheless, I have circulated your latest input to our membership and I will certainly report back to whenever I have received any relevant input from that membership and, in particular, from some of those solicitors who actually have the responsibility for the day-to-day operation of clients accounts.

    The very limited response which I have received as at this date reflects an apprehension that the proposed rules are lacking in specification and somewhat open to interpretation and one respondent points to the difficulties that a solicitor may face who has previously allowed clients to use the client account as a banking facility and where those clients are reluctant to change the arrangement. Such a solicitor might fall foul of the new rules despite having attempted to rectify matters.

    I suspect therefore that the rules as proposed imply a massive change in the nature of the clients account and should not be undertaken without much wider consideration by those solicitors who are ultimately responsible for the operation of these accounts.

    Regards,

    Michael Sheridan

    THE SCOTTISH LAW AGENTS SOCIETY

    Website: www.sheridanssolicitors.co.uk
    Twitter: @SheridansLaw

    Sheridans 
    166 Buchanan Street 
    Glasgow 
    G1 2LW

    TEL: 0141 332 3536
    FAX: 0141 353 3819

    LP-5 GLASGOW 7
    DX 266

    __________________________________

    Amendment Rules - Prohibition on funds in client account unconnected to a transaction –

    Draft Guidance For Discussion

    While this rule is separate from the requirements of the money laundering regulations, solicitors should be aware of the greatly increased risk of money laundering which arises from use of a client account, for purposes beyond their generally accepted purpose. Solicitor’s client accounts have been rated by the National Risk Assessment 2017 as being at high risk of exploitation by money launderers when they are used for generally accepted purposes. The risk of money laundering when the client account is used for other purposes would clearly be extremely high.

    Situations are likely to arise where a solicitor feels that money laundering requirement can be satisfied (risk assessment, client identification etc) but the engagement will involve the use of the client account extending beyond its intended purpose, to include the provision of services ordinarily provided by a bank.

    Solicitors should assess proposed and ongoing engagements after reviewing the examples below to consider on a case by case basis why they are being asked to handle funds and for what purpose.

    Solicitors should satisfy themselves that they will not simply be providing a service which would usually be provided by a bank.

    Scenarios in which a practice unit may be said to have breached the proposed rule.

    • A company has its accounts frozen by its bank due to concerns regarding the legitimacy of the funds in the company’s account. Those concerns are thereafter resolved and the accounts released. But, the bank advise the company that they are no longer prepared to act as the company’s bankers, and that they need to bank elsewhere. The company approach a practice unit and ask if the closing balance on their account could be paid to their client account. The practice unit agreed and duly received the funds to their client account. Thereafter, they made payments as instructed by the company - include wages, rent, directors’ loans - direct from the funds in their client account.

      In these circumstances the practice unit were not providing advice to the company on any matter. They were not acting as signatories to the company’s accounts. There was no connection to any legal transaction. The reason the practice unit held the money was simply to do what a bank would normally do for a commercial client – ie to pay the routine business of the client.

    • A practice unit receives a consistent cash payment from a client on the last Friday of each month without explanation of any kind for a long period. The practice unit never receives any instructions regarding the use of the funds. The funds are placed in the client account and recorded on a ledger in the name of the client and are simply held there. The practice unit do not have any knowledge of the source of the funds or why they have been asked to hold the funds in the client account.

      In these circumstances the practice unit did not provide any services to the client beyond lodging the funds in their client account. There was no connection to any legal transaction.

    • A client of the practice received a lower interest rate than that afforded to the practice unit’s client account. The partner’s view is that this would be of great benefit to the client to hold money in the practice unit client account and he agrees to accept the funds on that basis. The practice unit is not acting on any underlying transaction or providing any service other than holding the money.

      The practice unit is effectively offering an investment service but is not subject to financial services regulation as a bank would be. This would be a breach of the rule.

    • The practice has acted on the set up of a financial vehicle involving international investors. Having concluded the advisory project the practice unit are asked by the operators of the vehicle to open a client account for the purpose of collecting investment monies from various parties and distributing them according to instructions from the client, usually towards investment funds and projects.

      If the practice unit operates the client account for such a purpose they are simply carrying out the payment processing role of a bank and adding no ongoing value or service beyond that which would be provided by a bank. Therefore in this case the rule would be breached.

    • On the conclusion of a corporate property transaction, the proceeds are retained in a practice unit’s client account and the client instructs the practice unit to make business expense payments on it’s behalf. These payments are unrelated to a transaction and the proceeds should have been returned to the client so that they could pay their bills directly. This would be in breach of the rule.
    • A property development company sources multiple investors for a development project. The company instructs these investors to pay their investment contribution to a solicitors client account. The solicitor then receives instructions from the development company to pay various fees (project management, architects etc) from the accumulated sum before paying a residual balance back to the development company

    The development company should have opened a bank account in its own name and directly processed its receipts and payments to creditors. This arrangement would breach the rule.

    The common theme of the examples above is that the solicitors are providing services which would ordinarily be provided by a bank. They are allowing their client account to become the routine current account of a non-solicitor business, accepting and indefinitely holding client money for no purpose beyond merely holding that money, offering the client account for use simply because a client cannot itself obtain comparable terms from a bank, and providing straighforward banking services to third parties who could easily hold the account in their own name and process the receipts and payments.

    Examples of what is not prevented by the rule are provided below.:

    • Receiving, holding and distributing monies as part of a solicitor’s role in the conveyancing process
    • Receiving, holding and distributing monies as part of a solicitor’s role in the executry process
    • Receiving, holding and distributing monies as part of a solicitors role in corporate acquisitions, disposals etc
    • Receiving, holding and distributing monies while acting as a trustee
    • Financial activity while acting as a Power of Attorney
    • Holding, receiving and distributing monies from various parties to a deal, with instructions to make payments once conditions specified are judged to have been met.

    Solicitors should assess proposed and ongoing engagements after reviewing the above examples to consider on a case by case basis why they are being asked to handle funds and for what purpose. Solicitors should satisfy themselves that they will not simply be providing a service which would usually be provided by a bank.

    While this rule is separate from the requirements of the money laundering regulations, solicitors should be aware of the increased risk of money laundering which arise from misuse of a client account. Solicitor’s client accounts have been rated by the National Risk Assessment 2017 as being at high risk of exploitation by money launderers when they are used for generally accepted purposes. The risk of money laundering when the client account is used for other purposes would clearly be extremely high.

    __________________________________

    THE LAW SOCIETY OF SCOTLAND PRACTICE RULES (AMENDMENT NO … RULES) 2019

    Rules dated [ ] 2019 made on behalf of the Council of the Law Society of Scotland by the Regulatory Committee formed in accordance with section 3B(1) of the Solicitors (Scotland) Act 1980 under section and 35(1) of that Act and approved by the Lord President under section 34(3) of that Act.

    Citation and Commencement

    1. (1) These rules may be cited as The Law Society of Scotland Practice Rules (Amendment No. … Rules) 2019.
      (2) These rules shall come into operation on [ ] 2019.

      Definition and Interpretation
       

    2. (1) In these rules, the "Principal Rules" shall mean The Law Society of Scotland Practice Rules 2011.
      (2) The Interpretation Act 1978 applies to the interpretation of these rules as it applies to the interpretation of an Act of Parliament.

      Amendment to the Principal Rules
       

    3. The following shall be added immediately after rule B6.3.1 (c) of the Principal Rules:

      “(d) ensure that payments into a client account are in respect of instructions relating to an underlying transaction (and the funds arising therefrom) or to a service which is customarily (but not necessarily exclusively) carried on or transacted by solicitors in Scotland. within the course of a normal solicitor/client relationship.”
       

    4. The following shall be added immediately after rule B6.5.2 of the Principal Rules:

      “6.5.3 Transfers or withdrawals from a client account must be in respect of instructions relating to an underlying transaction (and the funds arising therefrom) or to a service which is customarily (but not necessarily exclusively) carried on or transacted by solicitors in Scotland. within the course of a normal solicitor/client relationship.” arising in the normal course of the solicitor client relationship

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