Question of ethics

Q I act for a criminal client.

He has told me he is not guilty of the crime, but for personal reasons wants to plead guilty.

Can I represent him?

A Yes you can; see principle 21.20, note 7 of Guide to the Professional Conduct of Solicitors, 1999, eighth edition.

If a client wishes to plead guilty but at the same time asserts the truth of facts which, if true, would or could lead to an acquittal, the solicitor should use his best endeavours to persuade the client to plead not guilty.

However, if the client insists on pleading guilty, despite being advised that such a plea might or will restrict the ambit of any plea in mitigation or appeal, such a solicitor is not prevented from continuing to act in accordance with the client's instructions, doing the best he can.

The solicitor will not, in mitigation, be entitled to suggest that the facts are such that the elements of the offence have not been established.

Q I am working as an in-house solicitor.

My employer wants me to act for one of its subsidiaries.

Is this ok?

A The Employed Solicitors Code 1990 regulates the conduct of solicitors employed by non-solicitor employers.

Para 5 sets out the circumstances in which an employed solicitor can act for 'related bodies'.

This includes the employer's holding, associated or subsidiary companies as defined in the Companies Act 1985.

Aide Memoirel Final warning for EU lawyers practising in the UK - you have until 21 November to apply to the Law Society (or one of the other UK professional bodies) to register under the Establishment of Lawyers Directive 98/5/EC.

From 22 November it will be a criminal offence to practice unregistered, unless you got your application in by 21 November.

For help and advice contact Regulation and Information Services, tel: 0870 606 2555, or Professional Ethics, tel: 0870 606 2577.

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

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