QUESTION OF ETHICSQ I want to employ, as a clerk, a young woman who has got a criminal record for theft - is this a problem?A You need to check with the Law Society's Regulation Information Services department (tel: 0870 6062555) whether there is an order against her under s.41 or s.43 of the Solicitors Act 1974.

If there is, the written permission of the Office for the Supervision of Solicitors is required to employ her.

If there is no order it is a matter for your judgement.

Q I am taking instructions from the donee of a power of attorney and am unclear about some of the instructions I have received.

The donee does not want me to approach the donor directly.

Should I comply with this request from the donee ?A The donor is the solicitor's client.

The solicitor can at any stage seek confirmation of instructions direct from the donor and indeed should do so if there is any doubt.

The situation will be different in the case of an enduring power of attorney which has been registered.

In that case, if you are concerned that instructions may be contrary to the donor client's interests, you should raise your concerns with the Court of Protection.

The Law Society's Enduring Powers of Attorney Guidelines may be obtained from professional ethics, tel: 0870 6062577.

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.