The Scottish Solicitors Discipline Tribunal (SSDT) has voted to apply the civil standard of proof, i.e. the balance of probabilities, in future hearings of professional misconduct cases.

This is a change from the existing criminal standard of proof, i.e. beyond a reasonable doubt, and brings the standard of proof in professional misconduct cases in line with all other cases before the tribunal.

The SSDT said: “In the context of the ongoing wider reform of legal services, we will be acting to implement the change as soon as practicable.”

The change — which follows a period of debate and consultation — comes amid a pushback against a similar change in Northern Ireland.

The Solicitors Disciplinary Tribunal for Northern Ireland is currently consulting on new rules which would adopt the civil standard of proof.

At a special general meeting in October, members of the Law Society of Northern Ireland voted to reject the change and back the continued application of the criminal standard.

The civil standard was adopted by the Bar Council of Northern Ireland in 2024, and by the Solicitors Disciplinary Tribunal and Bar Standards Board in England and Wales in 2019.

A consultative group established by the Law Society of Northern Ireland following the October meeting is working on its response to the SDT’s consultation.

Solicitors in Northern Ireland were told last month that the consultative group would be chaired by Mark Borland, who has also been elected as Law Society president, and include volunteers from the membership.