This Guidance Statement outlines the ethical positions and principles which solicitors should be aware of when dealing with SRLs, as well as to provide suggested approaches to some commonly encountered issues.
When is a client or solicitor entitled to terminate a retainer? How should a retainer be terminated? What are the duties of the solicitor on termination of a retainer?
This Guidance Statement is concerned specifically with ‘limited scope representation' in the dispute resolution context.
If a law practice has an obligation to provide or return ‘client documents’ to a client at the completion or termination of the law practice’s engagement: In what form should those documents be provided (particularly if the documents are in electronic form)? Is the law practice permitted to charge for providing them? Is the law practice permitted to retain a copy of the documents?
Challenges frequently arise for solicitors who receive instructions to witness an Enduring Power of Attorney (‘EPA’) in circumstances where there are doubts or questions about the person’s capacity. The considerations relevant to the witnessing of an EPA are different to those relevant to witnessing a will. This Guidance Statement identifies those considerations.
This Guidance Statement identifies the ethical and other issues to consider where a third party offers to pay a solicitor a financial benefit (be it commission, referral fee, benefit in kind or any form of financial or non- financial remuneration) for the referral of a client to a third party.
This Guidance Statement identifies the ethical and other issues to consider where a solicitor proposes to pay or give a financial benefit to a third party for the referral of a client to the solicitor.
This Guidance Statement addresses the obligation to make ongoing costs disclosure as required by s 315 of the Legal Profession Act 2007 (the Act). *Revised 25 July 2017
The purpose of this Guidance Statement is to outline the ethical principles and issues, based on the Rule and the common law, which solicitors should think about in the context of giving an undertaking.