Question of ethics

Q I have just discovered something on an old client's file that could give rise to a possible negligence claim.

Do I have to tell her?

A The first thing to do is to notify your insurer.

If the client's retainer has come to an end, there is no positive duty in conduct to advise her to seek independent advice.

However, there may be special circumstances.

For instance, although the retainer is over, it might be possible to reduce a future claim by putting matters right now rather than waiting for the mistake to come to light later.

It is advisable to discuss matters with your insurer.

If you do not speak to your client and she comes back to you on any matter you might be professionally embarrassed if you accepted the new retainer.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.