How to make an Appeal to the Tribunal under Section 42A of the Solicitors (Scotland) Act 1980.

If a solicitor wishes to make an Appeal against a Determination / Direction made by the Law Society that an Inadequate Professional Service has been provided, the Appeal must be in the form as set out in the Tribunal Rules and must be received by the Tribunal within 21days of the date on which the Determination is intimated to the solicitor. As the time limit is set down in legislation the Tribunal has no discretion to extend the time for the making of Appeals and solicitors should accordingly ensure that their Appeal is with the Tribunal within 21 days.

In terms of Schedule 4 of the Solicitors (Scotland) Act 1980, once an Appeal is lodged with the Tribunal it cannot be withdrawn without the consent of the Tribunal. As soon as an Appeal is lodged and intimated on the Law Society and the original complainer, expenses start to be incurred by the Tribunal, Law Society and possibly also the original complainer. If a solicitor then decides that he wishes to withdraw his Appeal it is likely that the Tribunal will only allow this if the solicitor pays the expenses so far incurred. In terms of Schedule 4 of the Solicitors (Scotland) Act 1980 the Decision made by the Tribunal in connection with a Section 42A Appeal is a Decision in terms of the Act and accordingly requires to be given publicity, whether or not the Appeal is successful. Solicitors may wish to bear both these points in mind prior to lodging an Appeal.

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