Question of ethics

Q Accountants advise individuals regarding tax matters, and then instruct us to act for them in preparing wills for clients to reflect that tax advice.

We bill the accountants.

We have now been asked by a financial adviser to offer a similar service.

Is this OK?A If you prepare will precedents for the accountants then you act for the accountants.

Where you provide services for a particular testator it is likely that you have solicitor/client relations with that testator.

You should get written instructions from the testator confirming instructions; provide client care information and make the bill out to the client, although payable by the accountant.

Send the bill to the accountant as agreed but send a copy to the client.

There would be no problem about working with an independent financial adviser in the same way.

See principle 12.05, page 246 and chapter 13 of the Guide to the Professional Conduct of Solicitors, 1999, eighth edition.

See also section 3 of the Solicitors' Introduction and Referral Code 1990, annex 11B of the guide, page 238.Please noteLimited liability partnerships (LLPs)The legislative changes which provide for LLPs came into force on 6 April 2001.

For practitioners to 'convert' to LLP status, 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 also came into force on 6 April 2001 and now regulate all incorporated practices, whether companies or LLPs.

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

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.