Question of ethics

Q My client is purchasing a property from a seller who has not instructed a solicitor or licensed conveyancer.

He says he has a friend who 'knows a bit about the law' who will be dealing with the sale on his behalf.

Can I deal with the friend?

A Whether you can deal with the friend at all will depend on whether he is being paid or receiving some other reward for his work.

If so, he may be committing an offence under section 22 of the Solicitors Act 1974, and you may be guilty of procuring the commission of an offence by dealing with him.

If he is not being rewarded you could deal with him, but you would have to decide what is in your client's best interests.

See principle 25.07 and annex 25A, pages 473 and 482 onwards in the Guide to the Professional Conduct of Solicitors, 1999, eighth edition.

You will need to consider how you deal with completion, particularly the arrangements for discharging the seller's mortgage, if any.

You would need to obtain clear evidence that no offence was being committed before dealing with the friend, for example, a letter from the seller in appropriate terms.

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.

Professional ethics 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