ETHICS Q & A

Q I'm dealing with a litigation matter and there is a considerable degree of ill feeling between the parties.

My client is digging his heels in and refusing to compromise, in my view unreasonably so.

He has just turned down an offer to settle from the other side.

When I informed the opponent's solicitors of my client's decision they were very surprised and they told me their client wants them to write to my client asking him to reconsider.

The other solicitors seem to think that they can do this provided that they send me a copy of the letter and that its made clear that the reply must be through my firm.

Are they right?A No.

Such a direct approach to another solicitor's client would only be proper where the other solicitor was at fault in not replying to a letter or for no adequate reason failing to pass on a message to his or her own client.

See Principle 19.02 Note 3 in the Guide for the steps which should be taken where a solicitor decides that he or she can with propriety write to another solicitor's client.

This does not appear to be such a situation and you should draw the other solicitor's attention to Principle 19.02.

Aide Memoire

(r) The new Indemnity Insurance Rules will be effective from1 September 2000.

Solicitors must have their new indemnity insurance in place by that date.

X Question of ethics is compiled by the Law Society's professional ethics guidance team.

Proposed questions for publication should be sent to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch.Tel: 020 7242 1222.