Question of ethics

Q The solicitor on the other side of a matter is failing to respond to correspondence.

What can I do?

A A failure to deal with substantive matters in your correspondence will not be unprofessional if the other solicitor has been instructed by his client not to respond, see principle 12.10, note 2, page 248 of the Guide to the Professional Conduct of Solicitors, 1999, eighth edition.

However, as a matter of courtesy, the solicitor should acknowledge your correspondence.

If the other solicitor does not reply, you could contact his client directly but you must first warn the other solicitor that you intend to make such an approach and you should copy your letter(s) to the solicitor, see principle 19.02, note 3, page 360 of the guide.

You need to keep your client informed and consider with him how this situation may be otherwise addressed.

For example, your client could speak to the client on the other side.

Other possibilities might be to proceed to court or to withdraw from the transaction depending on the nature of the retainer.

Be aware

The transitional provision which allows 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 between 11am and 1pm and 2pm and 4pm.

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