Q I work in the Paris office of a firm of avocats. I am employed as an avocat but I qualified as an English solicitor a couple of years ago. I have only ever practised as an avocat and therefore I have never taken out a practising certificate, although I keep my name on the roll of solicitors. I do not tell clients that I am a solicitor and I had always understood that my firm's publicity material referred to me solely as an avocat. However, I have now discovered that I am described as being an English solicitor as well as an avocat on my firm's Web site - presumably because this is primarily aimed at the international market. Does this have any professional implications for me?

A Yes, it does, unless you are described as a non-practising solicitor or it is otherwise clear from the Web site that you are not practising as a solicitor. If your non-practising status is unclear - for example, if your English qualification is referred to on the Web site simply as that of 'an English solicitor' - the presumption will be that you are a practising solicitor (for which you require a practising certificate). If this is so, you are in breach of rule 2 of the Solicitors Overseas Practice Rules 1990 and you need to apply for a practising certificate as soon as possible. (These considerations would also apply if your English qualification featured in other forms of publicity, such as professional stationery or business cards.) There is the possibility that you may be referred to the compliance directorate for having practised uncertificated and you should provide a full explanation of what has happened with the relevant dates, when you submit your application for a practising certificate. For the future, your firm may want to review the information on its Web site.


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