Q. Are there rules preventing a practising solicitor taking on a second casual job, such as bar work?
A. There are restrictions on the extent to which a practising solicitor can be actively involved in a business offering any service that may normally be offered by a solicitor as part of his practice. The rules governing this are in the Solicitors Separate Business Code 1994. However, doing bar work is not something that solicitors do through their practices. So there should be no professional objection to the solicitor having a part-time job, assuming that he does not choose an occupation that, if known, would diminish the standing of the solicitor. For instance, it would not be recommended to take a bar job in a strip club.
Q. I am a sole practitioner and I fancy converting to limited liability partnership (LLP) status. Can a sole practitioner do this?
A. Yes, but it would be an involved process. To incorporate an LLP, you need two members. You could be one member, and the second member could be your own personal (one-man) company. Both the company and the LLP would need to be recognised by the Law Society as recognised bodies before the LLP can start practising. This means paying recognition fees and compensation fund contributions totalling £1,800 to cover the first three years. The Law Society's professional ethics department publishes information packs on the process of incorporation, and you may want take advice from your accountant on the tax implications of the various options. For guidance information generally, refer to www.guidance.lawsociety.org.uk.
Questions of ethics is compiled by the Law Society's professional ethics guidance team. Send questions to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch
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