SCHEDULE
Rule 2
SCHEME
RULES & REGULATIONS
CONTENTS |
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1.0 |
INTRODUCTION |
2.0 |
DEFINITIONS |
3.0 |
STATEMENT OF RIGHTS |
4.0 |
MEMBERSHIP CATEGORIES |
5.0 |
ENTRANCE REQUIREMENTS |
6.0 |
INTERIM PRACTISING CERTIFICATE |
7.0 |
PRATISING CERTIFICATES |
8.0 |
TRANSITIONAL PERIOD |
9.0 |
CONTINUING PROFESSIONAL DEVELOPMENT |
10.0 |
CODE OF PRACTICE |
11.0 |
COMPLAINTS PROCEDURE |
12.0 |
ADMISSIONS BOARD |
13.0 |
STATEMENTS |
1.0 |
INTRODUCTION |
1.1 |
This document contains the Association of Commercial Attorneys scheme as defined by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. |
2.0 |
DEFINITIONS |
2.1 |
In the Membership Qualification Regulations, Qualification Courses, Education and Training, Rules of Conduct, Financial Rules and any other information and Rules which follow, words and expressions used have these meanings unless otherwise stated:– |
“the Act” the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. |
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“The Association of Commercial Attorneys” A company limited by Guarantee ref no. SC344543. |
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“Association members”, includes “members” and “fellows” but excludes Associates of the Association. |
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“Attorney” includes Associate, Member and Fellow of the Association. |
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“Client” includes both professional client and lay client. |
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“Code of practice” that required by section 25(2)(b)(ii) of the Act. |
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“Company” a company incorporated by registration under the Companies Acts. |
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“Construction matter” means any of the following: (a) a dispute (including a dispute concerning contractual obligations or delictual or other non-contractual liability) arising out of the design, procurement, planning processes, construction, supply and maintenance (but not conveyancing) of buildings, roads, bridges, architectural and landscaping systems and associated plant, equipment and materials, civil and structural engineering structures and associated plant, equipment and materials, mechanical engineering systems and associated plant, equipment and materials, electrical engineering systems and associated plant, equipment and materials, plumbing engineering systems and associated plant, equipment and materials, communication engineering systems and associated plant, equipment and materials, process engineering systems and associated plant, equipment and materials, power generation and transmission systems and associated plant, equipment and materials, any works altering, forming or to form part of the land; (b) a dispute arising out of personal injuries or property damage sustained in relation to a construction site or operation; (c) a dispute arising out of a cautionary obligation or a personal guarantee owed or given by an organization, company, partnership or individual engaged in a construction or construction related business; (d) the insolvency of an organisation, company, partnership or individual engaged in a construction or construction related business; (e) an arbitration arising out of a matter mentioned in any of paragraphs (a) to (c) above. |
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“Construction Litigation” means litigation arising out of a construction matter. |
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“Firm” an unincorporated partnership of Member/Fellows including partnerships between Member/Fellows and others and includes Member/Fellows who are sole practitioners. |
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“Interim Practising Certificate” certificate issued to individual Members/Fellows giving the rights of audience and the right to conduct litigation, subject to certain conditions. |
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“Practising Certificate” certificate issued to individual Members/Fellows giving the rights of audience and the right to conduct litigation. |
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“Register” a list, available on request to any member of the public, identifying if a member holds an interim or full practicing certificate. |
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“rights of audience” and “rights to conduct litigation” are to be construed in accordance with the Act. |
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3.0 |
STATEMENT OF RIGHTS |
3.1 |
A Member pf the Association of Commercial Attorneys has the following rights:– (a) The right to conduct litigation in construction litigation in the sheriff court, including an appeal to the sheriff principal: (b) In construction litigation in the sheriff court which the Member is conducting which is proceeding by way of a small claim or a summary cause, including an appeal to the sheriff principal, a right of audience; (c) In construction litigation in the sheriff court which the Member is conducting which is proceeding by way of an undefended ordinary action, a right of audience in relation to a motion for decree or an appeal arising therefrom. |
4.0 |
MEMBERSHIP CATEGORIES |
4.1 |
Membership |
4.1.1 |
The classes of membership shall be:– (a) Associate (b) Member (c) Fellow |
4.2 |
(a)Associate: An individual who does not meet the requirements of Member but who is seeking by education, training and/or experience to qualify as a Member of the Association of Commercial Attorneys. |
4.3 |
(b)Member: An individual qualified by education, training and/or experience to conduct litigation who has been granted a practising or interim practising certificate by the Association of Commercial Attorneys Admissions Board. |
4.4 |
(c)Fellow: An individual that is deemed (following application to the Admissions Board) to be a Member of standing and sufficient experience that can train and mentor others to become Members of the Association of Commercial Attorneys. A Fellow of the Association will be a Member with a minimum of three years experience. |
5.0 |
ENTRANCE REQUIREMENTS |
5.1 |
To become a Member of the Association of Commercial Attorneys the Admissions Board must be satisfied that the individual possesses a relevant legal qualification, a professional/construction qualification, relevant construction experience, relevant litigation experience and practical legal training. |
5.2 |
Legal Qualification Requirements |
5.2.1 |
Individuals wishing to become a Member will have to demonstrate to the Admissions Board that they have obtained a legal qualification. To meet this requirement one of the following will be required:– LLM in Construction Law (Dispute Resolution Module) obtained at Strathclyde University, Glasgow; LLM in Construction Law & Arbitration (Dispute Resolution Module) obtained at Robert Gordon University, Aberdeen; LLB from a recognised Scottish University. |
5.3 |
Professional/Construction Qualification |
5.3.1 |
To become a Member of the Association of Commercial Attorneys an individual must possess one of the following:– A Professional qualification from a recognised Professional Body (see Appendix 1); A Construction qualification (See Appendix 1). The Construction qualification must be in addition to the qualification requirements under Section 5.2. |
5.4 |
Relevant Construction Experience |
5.4.1 |
All individuals applying for membership must demonstrate, to the satisfaction of the Admissions Board, that they possess a broad range of construction experience. |
5.5 |
Litigation Experience |
5.5.1 |
To become a Member of the Association of Commercial Attorneys it must be demonstrated, to the satisfaction of the Admissions Board, that that the applicant has gained experience of the litigation process. The applicant will also have to demonstrate to the satisfaction of the Admissions Board that the individual continues to be involved with matters of litigation and/or the dispute sector. |
5.6 |
Practical Legal Training |
5.6.1 |
To become a Member of the Association of Commercial Attorneys it must be demonstrated, to the satisfaction of the Admissions Board, that the applicant has obtained practical experience and/or successfully completed training courses in all of the following areas (see Appendix 2 for course outline and requirements):– Advocacy Drafting Interviewing Negotiating Practical Legal Research Instruction of Counsel/Solicitor Advocate/Solicitor |
6.0 |
INTERIM PRACTISING CERTIFICATE |
6.1.1 |
On completion of the Entrance Requirements (noted at section 5.0 above) to the satisfaction of the Admissions Board the applicant be issued with an Interim Practising Certificate and allowed to use the title ‘Member’. The Interim Practising Certificate will be issued for a period of one year. During this period the Member will be supervised by a Fellow of the Association of Commercial Attorneys. The Admissions Board will assign the Fellow that will supervise the Member. If the Admissions Board is unable to allocate a Fellow to undertake the supervision then an Advocate/Solicitor shall be appointed. |
6.2 |
The Association of Commercial Attorneys will add the successful applicant’s name to the register of members. The member will be identified as holding an interim practicing certificate. The register will be made available to any member of the public on request. |
6.2.1 |
The period of supervision is to ensure that the... |
