Hundreds of Scottish solicitors have had references to unsatisfactory conduct expunged from their individual records.



The Law Society of Scotland began keeping such records in January 2003 on the recommendation of the Scottish Legal Services Ombudsman. It was a way of noting conduct that did not merit prosecution for professional misconduct, but which was too serious simply to be ignored.



A judicial review by an individual solicitor, however, prompted the Society to rethink the way it kept records. Philip Yelland, the society's director of client relations, said: 'We sought advice from counsel and were advised that by expressing a view of unsatisfactory conduct and putting it on record, the view became the equivalent of a formal finding. This was unacceptable since there was no appeal procedure in place. And so all such views were removed.'



The society was unable to say precisely how many solicitors had been the subject of an unsatisfactory conduct view. According to Mr Yelland, at the time of their deletion earlier this month, there were between 270 and 300 notes on record. But since some solicitors had multiple notes against their name, it would be misleading to conclude that there were actually that many offenders.



The record-keeping was an interim measure ahead of legislation next year which will give the society statutory power to make findings of unsatisfactory professional conduct.



Meanwhile, Scottish lawyers threatening to boycott sex crime cases have seen the Scottish Executive act to defuse the crisis by more than doubling its offer of increased legal aid funding from 5% to 12% for certain areas of work.



Oliver Adair, the convener of the Law Society of Scotland's legal aid committee, said that the offer was no more than an interim measure. Negotiations were continuing to establish a block-fee system which would be simpler to administer and fairer to practitioners. The new system is scheduled to be in place by April 2007 or sooner.



Jonathan Rayner