Law Society notices

Complaints against barristers

From time to time, the Bar Council finds it necessary to approach solicitors for the purpose of securing their co-operation in the investigation of complaints or the prosecution of disciplinary proceedings against barristers.

There is no specific duty in conduct requiring solicitors to provide information or assistance.

Solicitors are bound by their usual professional obligations towards their clients and third parties.

Nevertheless, the Law Society strongly encourages solicitors to extend co-operation to the Bar Council (in these circumstances, subject to their duties towards their own clients).

l The Society considers that solicitors should always acknowledge correspondence from the Bar, since failure to do so may cause delay and involve the Bar Council in unnecessary additional work.

l The Society maintains that wherever possible solicitors should co-operate with the Bar Council in its disciplinary work, which forms an important element in the regulation of the legal profession.

However, solicitors have a duty to keep confidential the affairs of clients, and will generally need the consent of the client before disclosing information or documentation which is subject to client confidentiality.

Principles 16.01 and 16.02 in the Guide to the Professional Conduct of Solicitors (8th Edition) contain relevant provisions concerning client confidentiality.

l Where a solicitor is asked to assist the Bar Council but is unable to do so, whether by reason of client confidentiality or for any other reason, the Society maintains that the solicitor will extend to the Bar the courtesy of responding to correspondence, explaining that assistance will not be forthcoming and if possible (subject to client confidentiality) indicating the reason why.

The Immigration & Asylum Act 1999 - regulation of non-solicitor advisers

The Immigration & Asylum Act 1999 makes provision for a scheme to regulate immigration advisers and service providers.

Under the scheme, the provision of immigration advice or services will be prohibited unless a person is:

l Registered with the Immigration Services Commissioner; or

l Authorised to practise by a designated professional body; or

l Exempt under the terms of the scheme or the Act.

The Law Society is a designated professional body for this purpose.

The Society's attention has been drawn to the fact that there may have been some cases of advisers who have sought to avoid registration by the Immigration Services Commissioner by arranging to be supervised by solicitors.

The Society's view is that an arrangement entered into solely for the purpose of avoiding registration is contrary to the spirit by the legislation.

The Society co-operates fully with the Immigration Services Commissioner in investigating where it is suspected that such arrangements may have been set up to avoid regulation by the commissioner.

Where the Society concludes that solicitors may be giving cover to a non-solicitor business in that way, the matter is likely to be referred to the Solicitors Disciplinary Tribunal.

Where solicitors engaged in the provision of immigration advice employ staff to assist in such work, the solicitor must comply with the supervision arrangements and other requirements of the Solicitors Practice Rules, and will be subject to regulation by the Society as in any other circumstance.

European Union Committee - appointment of committee members

The Law Society is seeking members to join its European Union committee.

These vacancies arise from the creation of this committee and the expansion of the Society's work on EU issues.

The committee is responsible for ensuring that the Society responds to relevant EU proposals and communications in a timely and effective manner.

Applicants should have experience of working in one of the following specialist areas, with an emphasis on developments in European law and political initiatives: internal market and related issues, employment law, immigration law, civil law, criminal law, institutional and constitutional issues, competition or trade law, e-commerce and intellectual property.

Experience of lobbying the EU institutions, practice before the European courts or other relevant experience of EU law (for example, the teaching of EU law) would also be an advantage.

The committee will meet at the Society's office in Brussels up to six times a year (travelling and incidental expenses are paid) and members are expected to attend most meetings.

All solicitors with the enthusiasm, expertise and time necessary, irrespective of sex, race, colour, age, sexuality, religion or disability are welcome to apply.

For an application pack, with a detailed job description and application forms, contact Alison Hook, Head of international, at: the Law Society, 113 Chancery Lane, London WC2A 1PL; DX 56 London/Chancery Lane; tel: 0207 320 5803; fax: 0207 831 0057; or for more information e-mail: alison.hook@lawsociety.org.uk

Research: request

The Law Society's strategic research unit invites input from those with a hidden, physical or sensory condition which impacts on their ability to carry out day-to-day activities as solicitors.

Respondents may have always had a disability or have become disabled as a result of an accident, have a progressive condition, such as multiple sclerosis or motor neurone disease; or live, for example, with epilepsy, dyslexia, an eating disorder or depression, they should, in confidence, contact Daphne, tel: 020 8892 5164, or e-mail: daphne@cotton.go-plus.net.

The research aims to to improve the working lives of such solicitors.

Recent information from the Law Society's library

Civil procedure

Civil Procedure Rules: practice directions, pre-action protocols and forms Update number 28, June 2002 has been published.

Comes into force on Monday, 8 July 2002.

Available on the Lord Chancellor's Web site at www.lcd.gov.uk/civil/procrules_fin/index.htm

Rights of way

Green Paper from the Department of Environment, Food and Rural Affairs on the implementation of section 63 of the Countryside and Rights of Way Act 2000.

Comments to be received by 20 September, quote ref: PB7152.

Available from www.defra.gov.uk/wildlife-countryside/cl/index.htm.

Green Paper from the Department of Environment, Food and Rural Affairs on crime prevention on rights of way and the designation of areas and other procedural matters.

Available from www.defra.gov.uk/wildlife-countryside/cl/index.htmComments to be received by 20 September 2002, quote ref: PB6847

Conveyancing

Land Registry e-conveyancing is a new website set up by the Land Registry.

It contains the definitive guide to the Land Registry's proposals for an electronic conveyancing system and provides links to sources.

A sub-site tailored specifically for the legal profession is at: www.e-conveyancing.gov.uk/content/ usergroups/legal/default.asp

For further information, or other legal research enquiries, please contact the library, tel: 0870 606 2511 or e-mail: Lib-Enq@lawsociety.org.uk

Copies of most items are available via the library's charged document delivery service: telephone for a photocopy application form, or download it from the Internet at: www.library.lawsociety.org.uk