QUESTION OF ETHICS

Q I have two joint clients who have parted company and my retainer has been determined.

Each has asked for 'the file'.

Do I send the original papers to one and copies to the other and if so, how do I decide who gets what exactly?

A You need the consent of both joint clients to send the original client papers to either of them; see annex 12A, question 2 on page 254 of the Guide to the Professional Conduct of Solicitors, 1999, eighth edition.

You may own some papers on the file.

Question 1 of annex 12A deals with ownership of file papers as between solicitor and client.

If the clients cannot agree who should have the originals of their papers, you will have to retain those documents until entitlement is resolved either by the clients' agreement or alternatively a court order.

In the meantime, each client will be entitled to copies of their jointly owned papers for which you would be entitled to make a reasonable charge.

Please note

The Solicitors' Publicity Code 2001 replaced the Solicitors' Publicity Code 1990 on 16 November 2001.

It also repealed Law Society practice rule 11 (names used by a firm).

The new code requires all firms to put 'regulated by the Law Society' on their notepaper.

Practitioners can postpone this until 1 January 2003 but only if they continue to comply with the 1990 code and the old Law Society practice rule 11.

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.