Question of Ethics

Q I am about to retire from practice.

Some of my clients want to be able to come to me for legal advice.

They realise that I won't then be acting as a solicitor and that there are limits to what help I can provide.

Is there any literature I can refer to?

A The Law Society has a free publication entitled Retiring from Practice which you may find helpful.

You can obtain a copy from professional ethics.

This deals with the professional requirements on retirement and contains guidance on the options if the solicitor wants to continue to make use of his legal knowledge and skills after ceasing to practise as a solicitor.

Provided you have entirely ceased to practise as a solicitor you could set up a non-solicitor business to give legal advice as long as this does not include immigration advice.

It is important that the clients are aware of your change of status.

You could ensure this by including a statement on your notepaper that you are a 'non-practising solicitor' or if you choose to come off the roll, that you are a 'former solicitor'.

Be aware

The transitional provision allowing private practitioners in England and Wales to postpone putting 'regulated by the Law Society' on certain items of stationery expired on 31 December 2002.

This statement must now appear on all letterheads and fax headings in accordance with the Solicitors' Publicity Code 2001.

Telephone hotline

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

Note that the lines are less busy in the afternoon.

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