Key steps for documents and dealings

In the latest instalment of a continuing series, we provide advice on a range of questions relating to solicitors' practice

Q I have been receiving documentation from my local court in respect of a client who terminated his retainer with me a few months ago and decided to proceed as a litigant in person.

Why is the court still writing to me?A Your former client must have failed to file a notice of change under Civil Procedure Rules (CPR) rule 42.2.

The court will continue to write to you until either a notice of change has been submitted or you obtain an order to come off the record under CPR rule 42.3.

In future, you may wish to consider ensuring that the client signs a notice of acting at the start of the retainer, which can then be held on your file until the matter is concluded or the retainer is terminated.

This would save the time and expense involved in applying for an order under CPR rule 42.3 (see [1999] Gazette, 22 September, 34).

Q I need to issue an application for a search order under CPR rule 25(1)(1)(h).

Does the Law Society have the details of suitable supervising solicitors in my area? A It is the local law societies that have these details.

Contact Chancery Lane's practice advice service, which will be able to provide the details of the local law societies that hold the lists (see contact details at the bottom of the page).

Note that only some local law societies have compiled such lists.

Q Which pre-action protocols are currently in place?A There are currently six pre-action protocols in force - personal injury, clinical negligence, construction and engineering, defamation, professional negligence, and judicial review.

These can be found on the Lord Chancellor's Web site at: www.open.gov.

uk/lcd

Q Can I reproduce the Local Authority CON 29 (parts I & II) Enquiries of a Local Authority (2002 edition) on a word processor?A A general licence has been granted to solicitors to reproduce only the front sheets (not the actual enquiries on the reverse of the forms) of CON 29 parts I & II on word processors, provided that: the quality of the form produced is of a standard acceptable to local authorities; the format of the printed form is followed as closely as is possible; the Law Society coat of arms is not reproduced; and a covering note explains that only the front sheets are reproduced under a general licence from the Society.

Word processed forms should be on white A4 paper of no less than 80 grams per square metre weight at a resolution of no less than 300 dots per inch.

The local authority may reject a form which does not meet an acceptable standard of reproduction.

If solicitors wish to use their own word processed version of the forms, and therefore only submit a front sheet of CON 29 Enquiries of Local Authority, they are advised to contact the authority before submitting the search.

The Society recommends using electronic forms through the National Land Information Service channels (TransAction Online; Searchflow; TM Property) or a professionally produced version of the form from any of the following suppliers: OYEZ, Laserform, Shaw & Sons, Stat Plus, Peapod and Everyform.

Q In a family matter, with the agreement of my client at the outset, I would like to ask whether I can charge extra if she is awarded a financial settlement which exceeds her expectations?A No.

This arrangement would constitute a conditional fee agreement which is prohibited in family matters under section 58A of the Courts and Legal Services Act 1990 as substituted by section 27 of the Access to Justice Act 1999.

Q What is the difference between an interim bill and an interim statute bill?A Interim bills are simply requests for payments on account of a final bill to be delivered at a later date.

It is not possible to sue on this type of bill and a client cannot apply for assessment of it.

However, interim bills should be distinguished from interim statute bills.

The latter comply with all the requirements of the Solicitors Act 1974 and result in all the consequences which flow from such compliance.

The solicitor can sue on them and the client can apply for assessment of them.

They are final bills in respect of the work covered and cannot be adjusted at a later date.

Interim statute bills are not widely used and can arise in two ways - firstly, through a natural break; however, the Law Society's advice is not to rely on this ground except in the clearest circumstances.

See Chamberlain v Boodle and King [1982] 3 All ER 188 CA for additional guidance.

Secondly, interim statute bills can be used by agreement with the client.

However, practitioners should make it absolutely clear in their retainer letter that they propose to deliver interim statute bills in the event of protracted work.

For additional information, see the Law Society's Practice Advice Service Contentious Costs booklet, page 14.

Q I have a client who wishes to give her home to her daughter.

Does the Law Society have any guidance for solicitors dealing with these types of cases?A Yes, in answer to your question you may find the booklet Gifts of Property: Implications for Future Liability to pay for Long Term Care helpful.

This can be found on the Society's Web site (www.lawsociety.org.uk) or can be obtained from the practice advice service.

This column is compiled by the Law Society's practice advice service, tel 0870 606 2522.

Comments should be sent to Nasrin Master, Practice Advice Service Manager, the Law Society, 113 Chancery Lane, London WC2A 1PL.

The service endeavours to ensure that the information provided is correct but does not accept liability for error or omission.

Readers should bear in mind that this publication is intended for information purposes only and should not act on the basis of the information provided alone, without verifying it first.