Q. I have been asked to accept an undertaking from a limited liability partnership (LLP). If I accept it, will I have the same protections available to solicitors who accept undertakings from ordinary partnerships?

A. Under rules 2(i)(a)(i) of the Solicitors Incorporated Practice Rules 2004, a solicitors' LLP has to comply with the principles and requirements of solicitors' professional conduct (including undertakings). Under rule 2(i)(c), solicitors who are members of an LLP are required to take all reasonable steps to ensure that the LLP complies with its obligations. So the members of the LLP will be in breach of their professional obligations if it does not. Also, the Solicitors Disciplinary Tribunal could fine the LLP and the partnership could have its recognition revoked and consequently be unable to practise. A difficulty that could arise is that the court might not be able to order specific performance of an undertaking by an LLP in the absence of consideration as it could do in the case of an undertaking by a solicitor. On the other hand, you may have greater protection if you accept an undertaking from an LLP, provided it is given in the course of practice and for consideration, as a breach can give rise to an insurance claim, and LLPs are required to carry greater insurance cover than ordinary partnerships. The Law Society's view is that the protections attaching to the undertaking of an LLP will be sufficient in almost all situations. For greater protection in an exceptional situation, an undertaking could be requested from an individual solicitor as well as the LLP.


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