Q I have just completed my training contract and it will be about three weeks before I am admitted to the roll of solicitors and obtain a practising certificate. How do I describe my status to clients, and am I restricted in the sort of work I can do in this period?
A It would be misleading and therefore contrary to Law Society rules to describe yourself as either a solicitor or a trainee. You can describe yourself as a paralegal, conveyancing executive, litigation executive, clerk, or a combination of those terms, although you should not describe yourself as a legal executive, which generally is taken to mean someone who is a Fellow of the Institute of Legal Executives. You would be misleading clients by use of that title. Until you are admitted and have a practising certificate you are not allowed to do reserved activities in your own right. However, you can do conveyancing and probate work under the direction and supervision of a qualified solicitor, namely, a solicitor who is on the roll and has a practising certificate. Because you are not yet qualified you cannot appear in open court relying on the status of a solicitor. However, you can appear in chambers as a representative of the firm. You can be involved in drafting litigation documents provided that you are doing it under the direction and supervision of a qualified solicitor. Regulatory problems used to arise where prospective solicitors were admitted to the roll and started working in firms in advance of getting their practising certificates. This problem has largely abated, as most prospective solicitors use the 'combination' form when applying for admission, which ensures that the granting of the practising certificate happens at the same time as they are admitted.
Question of ethics is compiled by the Law Society's professional ethics guidance team
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