Question of ethics

Q One of my clients owes me costs on a litigation matter.

I acted for him once before when he and his wife bought a property together and I am holding the deeds of that property.

They have now sent me an authority to send the deeds to another solicitor.

Can I refuse to do so on the basis that one joint owner owes me outstanding costs?A No, because in effect you would be exercising a lien in part against the wife who does not owe the costs.

By the same token, you could not refuse to comply with a joint instruction to release the originals of the jointly owned client papers on their conveyancing file.

Q I have received instructions from a father who wants to sell a property to his son, and they both want me to act.

I don't think I can act for both, because the father is a developer and this not permitted by Law Society practice rule 6(2).

Am I correct?A The first issue is whether practice rule 6(2) applies at all.

That will only be so if it is a transaction at arm's length.

As the parties are father and son, this would not normally be such a transaction.

So, the prohibition on acting for both parties will not apply, and the fact that the father is a developer is irrelevant.

You could act for both parties but you must be satisfied there is no conflict of interests, see practice rule 6(1) and the notes on page 455-456 of the Guide to the Professional Conduct of Solicitors, 1999, eighth edition.

Please noteGuidance about the need for a practising certificate is available at www.lawsociety.org.uk (go to view all specialisms, Guide to Professional Conduct, Do I need a Practising Certificate?) or in printed form from professional ethics.

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

Lines are less busy in the afternoon.

The team 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 for publication to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch; tel: 020 7242 1222