Question of ethics

Q I am dealing with an unrepresented party in a conveyancing matter.

I accept, of course, that he does not have to instruct a solicitor.

He seems to have a reasonable grasp of the basic law and procedure but the matter is becoming more complex and he is starting to ask me to confirm the legal position or advise him which books to look at.

What should I do?

A You need to take care that a retainer does not arise by implication, which could happen if you discuss the legal position with him.

It may assist to progress the matter, thereby benefiting your client, if you give limited help about where to find information but it would be prudent to add that he should consider taking his own legal advice.

Q One of my established clients has recently married and the couple are buying a property from another established client of my firm.

Can I act for everyone, even though I have never acted for the new husband?

A That fact is not an impediment.

The notes to practice rule 6 provide that a person counts as an established client if selling or buying jointly with an established client.

Accordingly, you can act for all parties provided that they all consent in writing and that there is no overriding conflict of interests.

If the buyers are taking out a mortgage, and it is proposed that you will also be acting for the lender, you must first give written notification to the lender that you are acting for the seller and the buyers.

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.

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