35. Contracting with third parties
- If a solicitor instructs a third party on behalf of the client, and the solicitor is not intending to accept personal liability for payment of the third party’s fees, the solicitor must advise the third party in advance.
Commentary
35.1 Contracting with third parties
When a solicitor instructs a third party (for example a search agent, doctor, valuer, engineer or another solicitor) to undertake work for or to assist in a client's matter, the solicitor will be responsible for the payment of the third party’s fees unless the solicitor has advised the third party in advance that they will not accept personal liability for the payment of the third party's fees.
A solicitor who has referred a client to another solicitor should not be considered responsible for the payment of that other solicitor's fees except where otherwise agreed.