QUESTION OF ETHICSQ I understand that, under the Establishment of Lawyers' Directive 98/5/EC, solicitors in England and Wales had to register with the Law Society by 21 November 2000 in order to continue to practise.
If this is right, it is yet another case of over-regulation and unnecessary red tape by the European Union.A You have misunderstood the position.
The establishment directive was implemented in England and Wales on 22 May 2000 and applies to lawyers from other EU states who are EU Nationals established in the UK.
You will also have a corresponding right as a practising solicitor to practise in other EU countries provided you register with the EU Law Society or Bar of the EU country in question.
EU lawyers already practising here had until 21 November 2000 to apply for registration.
The purpose of the directive is to provide a level playing field between lawyers of the host state and lawyers from other states and give effective protection to the latter's clients.
Please notel The government has announced that the legislative changes to provide for Limited Liability Partnerships (LLPs) will come into force on 6 April 2001.
However, it does not follow that practitioners will be able to 'convert' to LLP status on that date.
The process will involve two successive steps - registration as an LLP at Companies House and recognition as a recognised body by the Law Society under the new Solicitors' Incorporated Practice Rules 2001.
These rules will regulate all incorporated practices, whether companies or LLPs.
The working draft of the rules may be obtained from Professional Ethics.
Further guidance will be given when available.
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.
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