Question of ethics

Q I have decided to give up practice for a while but wish to maintain a link with the profession.

My firm has offered me a position as a librarian.

I will not have any contact with clients; nor will I work on files.

Will I need to renew my practising certificate before I return to legal work? Of course, I will not be described as a solicitor.

A Section 1(A) of the Solicitors Act 1974 requires all solicitors (all those on the roll) who are 'employed in connection with the provision of any legal services' to have a practising certificate.

They are deemed to be practising as solicitors even if not held out as solicitors and do not undertake work which has to be done by a qualified person.

You would need a certificate if your work as a librarian includes research for fee-earners, even if you will not have direct contact with clients.

In practice, you are likely to need a certificate unless your work is confined to maintaining the library and providing a general service identifying and extracting articles.

An alternative to keeping up your practising certificate is to voluntarily remove your name from the roll.

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.

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