In a continuing series, the Law Society's practice advice service offers guidance on a range of issues




Q: I am a probate solicitor and understand that I can now send a death verification form to banks and building societies instead of the original death certificate. Is this correct? If so, where can I get a copy of the form, and can I reproduce it on my word processor?



A: That is correct. You may send the death verification form. The Law Society has agreed a protocol with the British Bankers Association, the Building Societies Association and the Association of British Insurers. The form, which must be signed by a partner of the firm, gives a guarantee that you have in your possession and inspected an original.



A protocol letter has also been agreed, and you can reproduce both the letter and the form electronically. The form must remain unaltered although you can modify the letter.



You can obtain copies of the form and letter from the practice advice service at the Law Society. They are also published in the Law Society's Probate Practitioner's Handbook, 4th edition, available from the Law Society Bookshop (tel: 020 7320 5640).





Q: I have an elderly client who is involved in civil proceedings. Her mobility and hearing are slightly impaired and she is worried that this will affect her ability to participate in the litigation should the matter proceed to court. Can anything be done to assist her?



A: An older person may have difficulty coping as a party to proceedings, or as a witness at a hearing, because of some physical or mental impairment. While the court staff should be helpful and judges are being trained to become 'disability aware', a litigant is only treated in a different manner by the rules in the case of serious mental disability.



Many forms of physical disability (or mental impairment falling short of incapacity) may affect the ability of an older person to participate in litigation. You should draw the problem to the attention of the court in advance of the hearing so that steps can be taken to cope with the impairment. Consider the following:



- Impaired mobility may render it impossible to gain access to the court or cope in a particular courtroom, so consider transferring the case to a court in the area where the disabled party resides or with disabled access.



- Impaired hearing or vision may make it difficult to follow what is going on, so consider moving the hearing to a courtroom or chambers with facilities for the hard of hearing or produce all documents in large print.



- Communication limitations may prevent others from understanding the individual, or vice versa, so consider arranging for an interpreter to be present and allow a longer time estimate.


- Limited concentration spans or the need for regular medication may make it impossible for the person to remain in court for more than a limited period, so consider arranging regular adjournments or shorter hearings.



- Some ailments may make it impossible to attend court at all, so consider arranging for the evidence of the disabled person to be taken away from the court prior to the hearing or for the hearing to take place away from a courtroom.



For additional advice, see the Law Society's Elderly Client Handbook, 3rd Edition.





Q: I am acting on a criminal matter for a new client who does not speak English. The client is vulnerable and is insisting on using a friend to act as an interpreter. Is this possible?



A: Interpreters should be of a recognised quality and wherever possible taken from the National Register of Public Service Interpreters (www.iol.org.uk/nrpsi/default.asp) or the Council for the Advancement of Communication with Deaf People Directory (www.cacdp.org.uk).



For spoken language interpreters, the starting point must be a full Diploma in Public Service Interpreting (DPSI) Law Option accreditation. Where this is not practicable then the interpreter should have a skill or qualification, or be on the firm's internal list required by the Legal Services Commission contracts as being of an acceptable standard. Where the client is vulnerable and wishes to have an initial consultation with a trusted person with no qualifications in interpreting, then the advantages in improving client confidence should be weighed against the risk of compromising the best evidence. A qualified interpreter should be used thereafter where possible.



For additional information, see the Law Society's operational guidance issued by the criminal law committee, which is available on the Law Society Web site (www.lawsociety. org.uk) and was published in the Criminal Practitioners Newsletter in October 2001.



The Law Society is currently in negotiations with the Legal Services Commission in regards to the subscription fee that defence solicitors are required to pay to access the National Register of Public Service Interpreters.





Q: I have been approached by a client to attend a child protection conference. Is there any Law Society guidance to assist me at such a conference?



A: Yes - the family law committee has issued guidance called 'Attendance of Solicitors at Child Protection Conferences' which can be found on the Law Society Web site.





This column is compiled by the Law Society's Practice Advice Service, tel: 0870 606 2522. Send comments to Nasrin Master, Practice Advice Service Manager, The Law Society, 113 Chancery Lane, London WC2A 1PL. The service endeavours to ensure that the information provided is correct but does not accept liability for error or omission. This publication is intended for information purposes only and solicitors should not act on the basis of the information provided alone, without verifying it first