Question of ethics

Q I am about to finish my training contract and apply for admission.

My firm is keeping me on for a probationary period before deciding whether to offer me a permanent post as an assistant solicitor.

Will I need a practising certificate if I work on cases 'behind the scenes' under the supervision of a fee earner without seeing clients or calling myself a solicitor?

A Yes, you will still need a practising certificate.

The effect of section 1A of the Solicitors Act 1974 is that if you are a solicitor (that is to say, on the roll) and 'employed in connection with the provision of any legal services' you will be deemed to be practising as a solicitor, even if you are not described as a solicitor and you do not personally handle cases.

All solicitors undertaking such work in private practice must have practising certificates.

The reduced fee for the remainder of the current practising year is 165 (the new year starts 1 November 2002).

Alternatively, you could consider deferring your admission as a solicitor and work as a paralegal (you must not be referred to as a solicitor in this period).

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 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.