Question of ethics

Q We have a policy of retaining trainees for a year or two after admission.

Where a trainee is admitted between August and October, we would prefer not to take out a practising certificate for that trainee for the one to three months of that practising certificate year.

Our preference would be to keep the newly admitted solicitor 'behind the scenes', working on files under supervision but not seeing clients except when with the relevant fee earner.

Our administration department has said this may not be possible.

What is the position?

A Your administration deptartment is correct.

S.1(A) of the Solicitors' Act 1974 provides that a solicitor is deemed to be practising as a solicitor if he or she is employed in private practice in connection with the provision of any legal service.

It is immaterial whether the solicitor is personally handling matters (i.e.

as a fee earner) or held out as a solicitor.

One option is deferring the trainee's admission to coincide with the start of the next practice year.

However, are you aware that the practising certificate fee is reduced for admissions late in the practising certificate year.

Aide memoirel The Establishment of Lawyers Directive 98/5/EC was implemented in England and Wales on 22 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 for publication to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch; tel: 020 7242 1222.