Question of ethics

Q I left practice three years ago but I am still on the roll.

My former firm has asked me to fill in for an assistant solicitor when she goes on holiday in a few weeks time.

I know from enquires I've made that I would be eligible to pay a reduced practising certificate fee because I have not been earning.

However, can I choose instead to work as a clerk and so avoid having to take out a certificate at all?A No.

As you are on the roll, you will be deemed to be practising as a solicitor if you do any legal work for your old firm - see section 1A of the Solicitors' Act 1974.

The only alternative would be to remove your name from the roll if there is sufficient time before you would be required to start work and, of course, you would not be able to appear in open court.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.