Question of ethics

Q My firm occasionally sends one of its more recently qualified solicitors to the local advice agency to run an evening advice session.

Does the solicitor have to be supervised, and what is the indemnity position?

A You say that your firm sends assistant solicitors to do this work, and therefore it is being done as part of your firm's practice.

In that case, you should follow the advice given in note (f)(i) of Law Society practice rule 13, on page 115 of the Guide to the Professional Conduct of Solicitors, 1999, eighth edition, which states: 'It is particularly important that systems of supervision and management encompass the work of those persons from time to time working away from the office'.

The assistant solicitor's work will be covered by your indemnity.

However, it is important that your insurers know of the arrangement.

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It also repealed Law Society practice rule 11 (names used by a firm).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