QUESTION OF ETHICS

Q One of my long-standing clients has been made bankrupt, and his trustee in bankruptcy is asking for copies of the client's old files.

I don't want to prejudice my good relationship with my former client, but I accept that the trustee probably has a legal entitlement to at least some information in my possession.

Is there any 'official' Law Society guidance to help me?

A Principle 16.03 of the Guide to the Professional Conduct of Solicitors, 1999, eighth edition, draws attention to the relevant statutory provisions in the Insolvency Act 1986 and to some case law.

In general terms, the trustee is entitled to papers and documents which he or she needs to carry out the legal duties of an office holder.

The client's right to confidentiality and privilege in that regard are effectively transferred by law to the trustee.

However, the trustee will not normally be entitled to papers relating to the bankrupt client's personal - as distinct from business - affairs, except in certain circumstances, such as where the bankrupt client agrees or there is an appropriate court order.

Principle 16.03 deals with this in more detail.

Q I have arranged new indemnity insurance following the demise of the Solicitors Indemnity Fund.

Do I have to give details to the Law Society?

A Yes.

You will be asked to provide details of your insurer, the policy number and the date cover commenced on the application form to renew your practising certificate.

If you do not provide the information this will delay the issuing of your practising certificate.

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

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