Q I am the sole solicitor partner in a four-partner multi-national practice (MNP).
My partners are all US attorneys.
It is possible that I may be leaving the practice in the near future.
What are the implications for my partners?
A The MNP could not continue as such unless you are replaced by at least one solicitor or registered European lawyer, (see section 89(9) of the Courts and Legal Services Act 1990 and Practice Rule 7(6)).
If no replacement is found before you leave, the practice can continue - but it will simply be a practice of US attorneys subject to their own professional rules, not an MNP.
Such a practice could not do work reserved to solicitors or employ practising solicitors to do legal work for its clients.
The practice could not give immigration advice or provide immigration services unless it registers with the Immigration Services Commissioner.
The US attorneys could no longer hold themselves out as registered foreign lawyers or as registered with, or regulated by, the Law Society.
There will be important professional implications in the practice ceasing to be an MNP.
You should look at the professional ethics booklet entitled 'Retiring from Practice' which explains the regulatory requirements when a solicitor's practice or an MNP closes including the need for a final accountant's report.
Professional ethics has produced a free booklet entitled 'Do I need a Practising Certificate?'.
Solicitors can obtain a copy by telephoning the number below (leave your name and address on the information pack line).
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; tel: 020 7242 1222
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