QUESTION OF ETHICS

Q We have just agreed to take on an assistant solicitor who currently acts for one of our client's opponents.

Our client is aware of the situation.

He wants the assistant solicitor to be involved in the case on the assumption that he (the client) will benefit indirectly even though he accepts that the assistant solicitor cannot pass on any information obtained during his current employment.

I don't think the assistant solicitor can have any dealings with the case.

Am I right?

A Yes, you are.

The assistant solicitor will owe an ongoing duty of confidentiality to his previous clients.

If he joins the team dealing with the litigation for your client he will have a duty to disclose relevant information to that client and a conflict of interests will arise.

In practical terms, the assistant solicitor would have to be isolated from the case.Please noteInvestment businessOn 1 December 2001 the Financial Services Authority (FSA) becomes the sole regulator under the Financial Services and Markets Act 2000.Under the Act, most firms now doing non-discrete investment business only will no longer need authorisation.Most firms now doing discrete investment business (or authorised by other regulators) will need to be authorised by the FSA, and must complete and return the FSA's 'opt-in' form by 31 October 2001.By 1 December 2001 all firms must delete from their notepaper any statement that they are 'authorised [or regulated] by the Law Society to conduct [or in the conduct of] investment business'.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.