Q Will I as a partner be liable if my employees discriminate against disabled clients?

A Yes, you will be liable, whether you knew they were discriminating or not, unless you can show that you took all reasonable steps to prevent discrimination from taking place. Those reasonable steps will include:


  • Having an equality policy within the firm that specifically sets out the firm's intention not to discriminate against disabled clients;



  • Ensuring that all staff are aware of that policy;



  • Training the staff in what is expected of them with regard to disabled clients;



  • Carrying out regular monitoring to ensure that discrimination is not taking place.




    • Q The Guide to the Professional Conduct of Solicitors, 1999, eighth edition refers to the Solicitors' Anti-Discrimination Rules 1996. Are these the most up-to-date rules that relate to this area of practice?


    A No, there are more up-to-date rules, for example, the Solicitors' Anti-Discrimination Rules 2004, which incorporate the changes that have been introduced by law since 1996, in particular in relation to religion and sexual orientation. The rules are accompanied by guidance and also incorporate a model policy to help firms to ensure that they have an equal and diverse practice.


    Aide memoire


    For a free copy of the Law Society's 'Delivering diversity' CD, e-mail a name and address to: diversity.enquiries@lawsociety.org.uk.


    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