The Clydesdale Bank has supplied solicitors in Scotland with a pro-forma letter which they are obliged to complete to gain access to their lending panel, consenting to the release and sharing of confidential information as a condition of receiving mortgage instructions from Clydesdale Bank Group.

The Scottish Law Agents Society have said that they have been contatced by solicitors who have "expressed the view that solicitors should not submit this letter to Clydesdale."

"For the second time in recent weeks, individual solicitors have received from institutions, circular requests that might helpfully have been adjusted with the Law Society beforehand," SLAS said in a statement.

"This circular requests authorisation for the release by the Law Society to Clydesdale Bank Group of otherwise confidential information held by the Law Society about the solicitor recipients of these requests. Compliance with this request is a condition of receiving mortgage instructions from Clydesdale Bank Group. We make the confident assumption that the Law Society knew nothing about this circular request beforehand.

SLAS also expressed concern over an additional request from the Scottish Legal Complaints Commission, requesting solicitors to release information about complaints made which have not proceeded through the formal complaints procedure. The SLCC itself conceded that it had no statutory authority to undertake this research.

"That latter request was particularly concerning because, while the information requested by SLCC was confidential within solicitors’ offices, it would be subject to Freedom of Information request and would thereby pass to the public domain, when received by SLCC," SLAS added. 

A poll on The Firm website closed with 85% of respondents stating they would not respond to the SLCC research.

The letter to the Clydesdale Bank can be read here.

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