QUESTION OF ETHICS

Q I am working as a locum solicitor.

As I do not have a contract of employment with the firm, could I act as a commissioner for oaths for the clients, other than those I am personally dealing with, of course?A No.

Principle 17.07 in the Guide to the Professional Conduct of Solicitors, 1999, eighth edition, page 350, provides that a solicitor should not administer oaths and affirmations or take declarations in proceedings in which the solicitor or the solicitors firm is acting for any of the parties or is otherwise interested.

The contractual basis on which you work for the firm is irrelevant in this context.

Please noteLimited liability partnerships (LLPs)The government has announced that the legislative changes to provide for 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 followed by 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.

An information pack including the draft rules is now available from professional ethics.

l Question of ethics is compiled by the Law Societys professional ethics guidance team.

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