Question of ethics

Q We operate a solicitors' incorporated practice and our recognition is up for renewal soon.

What would happen if our application is returned after the renewal date?A If an incorporated practice is to operate in England and Wales it must be recognised, and remain recognised, by the Council of the Law Society as a recognised body.

Otherwise you would be in breach of the criminal provisions of the Solicitors Act 1974 as well as rule 2(1) of the Solicitors' Incorporated Practice Rules 2001.

If the renewal date passes and you fail to apply for renewal of recognition, the Society can revoke your recognition and refer the matter to the Office for the Supervision of Solicitors.

Q I hold a current practising certificate but I am not a commissioner for oaths, so may I use the title 'commissioner for oaths'?A In actual fact, you can use the title.

This is confirmed by section 113(9) of the Courts & Legal Services Act 1990 which states that any solicitor with a practising certificate can use it.

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.

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 for publication to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch