QUESTION OF ETHICS

Q A client was dissatisfied with our service, and our practice rule 15 complaints procedure was implemented.

She has now instructed us to transfer the file to new solicitors.

Must we send the correspondence relating to the complaints procedure?A It is unlikely that any of the documents relating to the complaints procedure belong to the client, and they may be retained by you.

See Annex 12A of the Guide to the Professional Conduct of Solicitors (1999) Eighth Edition.

Letters sent to you by the client during the retainer, copies of letters sent by you to the client, and inter office memoranda prepared by you for your own benefit and protection belong to you.

Aide Memoirel The new Indemnity Insurance Rules will be effective from 1 September 2000.

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

l The Establishment of Lawyers Directive 98/5/EC will be implemented in England and Wales on 22 May 2000.

Lawyers from other EU states who are EU nationals and established in the UK will have to register with one of the UK law societies or Bars.

Lawyers already practising in the UK will have until 21 November 2000 to make their applications, unless they wish to take advantage of their new rights under the directive at an earlier date

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

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