QUESTION OF ETHICS

Q We are updating our stationery.

As we correspond by e-mail with our clients and third parties on a regular basis as well as by letter, is it necessary for our e-mails to be set out as if on professional stationery?

A Under the rules, e-mails are not regarded as being sent on stationery or under a letterhead.

The Law Society's current view is that e-mails are probably not business letters for the purposes of the Business Names Act 1985.

Corresponding provisions of the Solicitors' Publicity Code 1990 therefore do not apply.

This is, however, going to be kept under review.

For the avoidance of any misunderstanding it would be sensible to ensure that clients or third parties with whom solicitors correspond by e-mail are aware at an early stage of the solicitor's practising address, the list of partners and their professional status as solicitors or other lawyers.

A booklet, Professional Ethics and IT, can be obtained by telephoning the Guidance Service on 0870 606 2577.

Aide memoirel The Establishment of Lawyers Directive 98/5/EC was implemented in the UK on22 May 2000.

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

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