Question of ethics

Q I am a solicitor employed in private practice.

A partner opens all mail regardless of how it is marked.

Is it appropriate for correspondence marked for my attention and confidential to be opened by another person?

A Rule 13 of the Solicitors' Practice Rules 1990 (as amended) sets out minimum standards of supervision for solicitor's offices.

The partners must determine what systems should be put in place to ensure that there is evidence of effective management and supervision.

In doing this, the partners may well decide that they need to see all of the incoming post so that they are aware of complaints or any potential negligence claims.

If the letter is about a client's matter then the partners are entitled to see it despite the fact that it may be marked 'private and confidential'.

Please note

Following an initial consultation paper on new rules for dealing with conflict and confidentiality issues, a further consultation document has been prepared.

This will be the last opportunity to comment on these important new rules and their guidance, which will affect all solicitors and their firms.

The consultation period ends on the 6 December 2002.

The new consultation document can be accessed on the Web (visit: www.lawsociety.

org.uk then go to view all contents A-Z/Rules Review: consultation: proposed rules and guidance of conflict and confidentiality) or in printed form from professional ethics, tel: 0870 606 2577.

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.