Question of ethics

Q My client sold his house last year.

It was agreed that I would keep back 2,000 from the sale until my client finished repairs to the property.

With my client's consent, I gave the buyer's solicitors an undertaking to hold the money until the buyer had confirmed that he was happy with the repairs.

The work has been finished but neither the buyer nor his former solicitors will confirm that the undertaking is discharged, and my client wants his money.

Can I release it?

A The undertaking has not been discharged because the confirmation has not been given.

You could apply to the Office for the Supervision of Solicitors (OSS) for a notice in terms that the Law Society Council will not consider a complaint of breach of the undertaking unless, within a specified period, the recipient gives you notice that the repair work is defective (see principle 18.02 note 6 on page 353 of the Guide to the Professional Conduct of Solicitors, 1999, eighth edition).

Of course, it will be a matter for the OSS whether it would issue such a notice.

Please Note

Guidance 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 enquiries from 11am to 1pm, and from 2pm to 4pm.

Lines are less busy in the afternoon.

We take emergency calls outside these hours, tel: 0870 606 2577.

Contact the Professional Ethics Division, Ipsley Court, Berrington Close, Redditch, Worcestershire, B98 0TD, DX 19114 Redditch, fax: 020 7320 5897.

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