Thank you for contacting the Law Society of Scotland. This is [2]Lawscot
an automated response to acknowledge receipt of your email. Foundation
We aim to respond to all emails within 10 working days.
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Good morning, [8]Lawscot
Foundation
 

Thank you for your enquiry regarding the above. We have now had an opportunity to
review your request.

The Law Society of Scotland is not subject to freedom of information legislation.

Accordingly, I can confirm that our Fiscals will use precedent before the
Tribunal but it a matter for their professional judgement what they use and
equally, the solicitor who stands accused has the same right to call on
precedents to support their case.  It is for the Tribunal to decide its
relevance.

Kind regards,

Mark Smith

External Relations Executive

Law Society of Scotland

0131 476 8183

From: Jerzy Morkis <[1][FOI #513401 email]>
Sent: 28 August 2018 11:31 AM
To: lawscot <[2][Law Society of Scotland request email]>  
Subject: Freedom of Information request - Use of precedents by a solicitor in
hearings held by professional organisations

Dear Law Society of Scotland,

When a solicitor directs a panel at a professional misconduct hearing through the
use of precedent, should that precedent adhere to the principle of stare decisis?
 If presenting persuasive precedent to the panel should that persuasive precedent
be as close and and relevant to the case being heard?

Yours faithfully,
JTM

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