Question of ethics

Q I have recently seen, in the legal press, an advertisement from a bank recruiting people to provide legal advice to their customers.

I am a solicitor - am I allowed to take up this employment?

A Yes, you can do this - but you must not be employed as a solicitor.

The position is governed by practice rule 4 which broadly states that a practising solicitor can do work for his employer, but not for customers of the employer (there are some exceptions set out in the Employed Solicitors Code 1990).

If you want to take up this employment, you must not be held out as a solicitor or as a lawyer.

Nor must you do any 'reserved work' either for the employer or for the employer's customers.

Indeed, you will need to cease to practise as a solicitor in any context.

There is nothing to prevent you from remaining on the roll of solicitors.

You may continue to hold a practising certificate, provided you inform the Law Society that you are not currently practising.

It may be that in future changes will be made to the statutory framework for the regulation of solicitors which would enable the Law Society to allow practising solicitors employed by a bank to do work for the bank's customers.

However, that could be a long way down the road.

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