Question of ethics

Q Does the opening of post in our office have to be carried out by, or under the actual supervision of, a partner?

A No.

- Practice rule 13, as amended, requires that the partners ensure that there is effective supervision;

- An arrangement for partners to see the incoming mail would be evidence as to the supervision of the practice;

- However, there is no specific requirement in the rule that a partner is physically present when the post is opened, or that a partner reads all mail.

Q I am instructed by a third party.

Is it necessary for me to confirm the instructions with the actual client?

A Where a solicitor receives instructions from a third party the solicitor should obtain written instructions from the client that he wishes the solicitor to act, see principle 12.05 and the notes on page 246 of the Guide to the Professional Conduct of Solicitors, 1999, eighth edition.

Please note

Guidance about the need for a practising certificate is now available on the Law Society's Web site under the 'What's New' banner at: www.lawsociety.org.uk and in print from professional ethics.

The professional ethics lines are open for general enquiries between 11am and 1pm and 2pm and 4pm.

Please note that the lines are less busy in the afternoon.

It takes emergency calls outside these hours, tel: 0870 606 2577.

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, BerringtonClose, Redditch B98 0TD; DX 19114 Redditch; tel: 020 7242 1222.