Q. I am a locum solicitor in a local authority. As I am not in private practice, do the Solicitors Practice Rules 1990 apply to me?

A. The Solicitors Practice Rules 1990 apply to all forms of practice as a solicitor, including as an employed solicitor. If your employer is putting you under pressure to breach the rules then you need to draw their attention to your professional obligations. If you are an employed solicitor and practising outside England and Wales (whether as a locum or not) then you are subject to the Solicitors Overseas Practice Rules 1990. Both sets of rules can be viewed at www.lawsociety.org.uk. Read in detail to determine the extent to which each applies to you.




New rules


Practice rules 16D (conflict of interests) and 16E (confidentiality) and the new Law Society's code of conduct were made by its council last year. They are all undergoing the process of external review under schedule 4 to the Courts and Legal Services Act 1990. This process has no set timescale. It seems unlikely that there will be an early implementation of the rules. Once they receive approval under schedule 4, practice rules 16D and 16E will come into force immediately, and the code of conduct will come into force three months after approval. Further information will appear, as available, on www.lawsociety.org.uk.




Telephone hotline


The professional ethics lines are open for general enquiries between 11am and 1pm, and 2pm and 4pm, being less busy in the afternoon. They take emergency calls outside these hours, tel: 0870 606 2577.


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