Index
Rules and guidance are both indexed.
- References to whole rules take the form "rule 1".
- References to sections within a rule take the form "1.01" or "2.01(1)(a)".
- References to guidance notes to the rules take the form "guid. 2 [1, 3, 5–6 ]".
A–Z
- Accepting gifts, 3.04, guid. 3 [55–62]
- Accepting instructions, 2.01, guid. 2 [3–7]
- Access to client
- in-house practice guid. 13 [23]
- Accountants' reports
- in-house practice, guid. 13 [10–13]
- overseas practice, 15.27(4), guid. 15 [27, 28]
- recognised bodies, guid. 14 [24]
- Accounts Rules seeSolicitors' Accounts Rules
- Acting for lender and borrower, 3.16–3.22, guid. 3 [81–8]
- Acting for seller and buyer, 3.07–3.15, guid. 3 [70–80], 23.03
- ADR seeAlternative dispute resolution
- Advertising
- British Code of Advertising, Sales Promotion and Direct Marketing guid. 7 [6]
- legal requirements, guid. 7 [5–7]
- see alsoMarketing; Publicity
- Advice
- independent/separate, guid. 2 [34], guid. 3 [40, 44–5,54]
- Advice services
- Advocacy
- child witnesses, 11.08, guid. 11 [31–4]
- client
- best interests of, guid. 11 [5, 18]
- deceiving the court/perjury, guid. 11 [14–16]
- inconsistent statements by, guid. 11 [17]
- court
- attending advocates at, guid. 11 [9–10]
- contempt of court, 11.03, guid. 11 [21]
- deceiving/misleading the court, 11.01, guid. 11 [12–19]
- disclosing information to the court, guid. 11 [5, 16, 18]
- duty to, guid. 1 [5], 11.01–11.03, guid. 11 [6]
- officer seeOfficer of the court
- court orders, 11.02, guid. 11 [20]
- evidence, child witnesses', 11.08, guid. 11 [31–4]
- fees, 11.04(2)(b), guid. 11 [23]
- judges, communicating with, guid. 11 [7]
- litigation and, rule 11
- obeying court orders, 11.02, guid. 11 [20]
- officer of the court seeOfficer of the court
- overseas practice, 15.11
- refusing instructions, 11.04, guid. 11 [22–3]
- Advocates
- Affirmations, 10.03, guid. 10 [10]
- Age discrimination, 6.01(1), guid. 6 [7, 8, 10]
- Alternative dispute resolution (ADR)
- client care and, guid. 2 [15]
- conflict of interests, 3.06, guid. 3 [66–9]
- client consent, 3.06(c)
- Application of the Code of Conduct, rule 23
- Approved regulator, 12.05, guid. 12 [38–42]
- Arm's length transactions, 3.08–3.10, guid. 3 [72]
- Associated company
- Associated firm, 3.10(d)(ii)
- Associations
- acting for members of, 13.05
- Authorised non-SRA firm, 3.12, guid. 3 [79(a)]
- meaning, 24.01
- referrals of business, guid. 9 [3]
- Bar
- Investigation by, guid. 20 [30]
- Barristers and other advocates
- attending at court, guid. 11 [9–10]
- instructing on discriminatory grounds, 6.01(1), guid. 6 [15–17]
- legal disciplinary practice, guid. 12 [2]
- Behaviour outside practice seeConduct outside practice
- Belief
- Best interests of client, 1.04, guid. 1 [8]
- arrangements and constraints, guid. 2 [17]
- conditional fee agreements, guid. 3 [51–2]
- conflict of interests, 3.01(2), guid. 3 [5, 6, 8, 15, 24–5, 48, 53, 64, 73]
- contingency fee, guid. 3 [53]
- disclosure to client, guid. 4 [20]
- disclosure to court, guid. 11 [18]
- duress or undue influence, guid. 2 [6(c)]
- fee sharing, guid. 8 [7, 13]
- in-house practice, 13.01(1)(a)(ii)
- litigation and advocacy, guid. 11 [5, 18]
- media, statements to, guid. 11 [11]
- professional embarrassment, guid. 3 [14–16]
- referrals of business, 9.01(1), 9.03(1)
- settlement, guid. 3 [53]
- unrepresented third party, guid. 10 [2]
- see alsoCommon interest of clients
- Body
- Body corporate
- Book debts
- disclosure, guid. 4 [8(d)]
- Borrower and lender
- Business seeBusiness management; Referrals of business; Separate business
- Business management, rule 5
- absences, 5.01(1)(k), guid. 5 [32–8]
- arrangements for management, 5.01(1), guid. 5 [2–7]
- emergencies, 5.01(1)(k), guid. 5 [32–8]
- geographical scope of rule, guid. 5 [1]
- "office", supervision of, guid. 5 [48]
- overseas, 15.05
- persons "qualified to supervise", 5.02, guid. 5 [42–4]
- responsibilities, 5.01
- client relations, 5.01(1)(e), guid. 5 [20]
- clients' documents and assets, 5.01(1)(g), guid. 5 [22–3]
- competence, maintaining, 5.01(1)(i), guid. 5 [25–30]
- compliance with key regulatory obligations, 5.01(1)(c), guid. 5 [15–18]
- compliance with Money Laundering Regulations, 5.01(1)(b), guid. 5 [14]
- conflicts, identification of, 5.01(1)(d), guid. 5 [19]
- continuation of the practice, 5.01(1)(k), guid. 5 [32–8]
- equality and diversity, 5.01(1)(h), 6.03, guid. 6 [22]
- financial control, 5.01(1)(j), guid. 5 [31]
- in-house practice, 5.01(2), guid. 5 [41]
- person "qualified to supervise", guid. 5 [42–4]
- risk management 5.01(1)(l), guid. 5 [39–40]
- supervision 5.01(1)(a), 5.03, guid. 5 [8–13, 45–52]
- training of individuals 5.01(1)(i), guid. 5 [25–30]
- undertakings, control of 5.01(1)(f), guid. 5 [21]
- supervision of work 5.03, guid. 5 [45–52]
- business development, guid. 5 [51]
- client money, client relations, guid. 5 [52]
- complaints, guid. 5 [50]
- delegation and control, guid. 5 [49]
- persons "qualified to supervise", 5.02, guid. 5 [42–4]
- practice management, guid. 5 [51]
- training, 5.02(2)(a), guid. 5 [44]
- "virtual" offices, guid. 5 [48]
- waivers, guid. 5 [43]
- Business Names Act 1985, guid. 7 [5(c)]
- Buyer and seller, acting for seeActing for seller and buyer
- Ceasing to act,20.01(2) , guid. 2 [3, 6, 8 – 11]
- Charities
- donation of fees to, guid. 7 [13]
- fee sharing with, 8.01(h), guid. 8 [4–18]
- in-house practice, 13.09
- independence, guid. 13 [25]
- Child witnesses 11.08, guid. 11 [31–4]
- Civil liability
- limitation by contract, 2.07, guid. 2 [64–72]
- Civil partnership status
- Claim for redress, 20.05(3)
- Claims
- Client account
- meaning, 24.01
- withdrawals, guid. 5 [34]
- Client care 2.02
- Client consent
- confidentiality, 4.04–4.05, guid. 4 [23, 25, 32–7]
- conflict of interests, 3.02(1)(b), guid. 3 [5, 6(b)(ii), 9]
- information barriers, 4.05, guid. 4 [45]
- Client interests seeBest interests of client; Common interest of clients; Conflict of interests
- Client money
- handling
- overseas practice, 15.27(3), guid. 15 [28]
- supervision, guid. 5 [52]
- meaning, 24.01
- Client relations, rule 2
- business management, 5.01(1)(e), guid. 5 [20]
- client care, 2.02
- commissions, 2.06, guid. 2 [52–63]
- complaints handling, 2.05, guid. 2 [47–51]
- contingency fees, 2.04, guid. 2 [41–6]
- information about cost, 2.03, guid. 2 [27–40]
- limitation of civil liability by contract, 2.07, guid. 2 [64–72]
- overseas practice, 15.02, guid. 15 [12]
- supervision of work, client money, guid. 5 [52]
- taking on clients, 2.01
- ceasing to act, 2.01, guid. 2 [3, 6, 8–11]
- conflict of interests, guid. 2 [6(a)(i)]
- refusing to act, 2.01, guid. 2 [3–7]
- Co-defendants
- confidentiality, guid. 3 [32]
- conflict of interests and, guid. 3 [23–35]
- Code of Conduct
- CCBE Code, 24.01
- Solicitors' Code of Conduct
- "Cold calling", guid. 7 [30], 9 [11]
- Colour
- Commencement of the Solicitors' Code of Conduct, rule 25
- Commercial legal advice services, 13.07, guid. 13 [24]
- Commissions, 2.06, guid. 2 [52–63]
- Common interest of clients, 3.02(1), guid. 3 [6(a)]
- Company
- calling employees 'partners', guid. 7 [40 – 42]
- executor, nominee or trustee company, guid. 14 [27–8], 21.02(1)(g), 21.04(1)(i), guid. 21 [11–12]
- meaning, 24.01
- oversea, 14.07(5), guid. 14 [21], 24.01
- recognised bodies, 14.06
- registered office, 14.03(3)
- service, guid. 14 [30], guid. 21 [14–15]
- see alsoMember; Shareowner
- Company secretarial services, guid. 14 [29], guid. 21 [13]
- Compensation Fund
- client protection, guid. 21 [3]
- contributions, guid. 13 [8, 10, 13], guid. 14 [13]
- Complaints
- Charge for handling, guid. 2 [50]
- Dealing with claims or potential claims, 20.09, guid. 20 [45 – 53]
- equality and diversity policy and, guid. 6 [22(b)]
- handling, 2.05, guid. 2 [47–51], guid. 20 [47]
- obstructing, 20.07, guid. 20 [40–1]
- Solicitors Regulation Authority, duty to, 20.07, guid. 20 [40–1]
- see alsoLegal Complaints Service
- Conditional fee agreements, 2.03(2), guid. 2 [39]
- Conduct outside practice, 1.06, guid. 1 [10], guid. 12 [5], 23.02, guid. 23 [6]
- relations with third parties and, guid. 10 [1, 4]
- Confidentiality, rule 4
- bill, guid. 4 [8(d)]
- book debts and, guid. 4 [8(d)]
- client's consent and exception to duty, 4.04–4.05, guid. 4 [23, 25, 32–7]
- co-defendants, guid. 3 [32]
- conflict of interests and, 3.03, 3.15
- consent of client, exception to duty and, 4.04–4.05, guid. 4 [23, 25, 32–7]
- conveyancing, conflict of interests, 3.15
- cross-border practice in the European Union, guid. 15 [7], 16.05, guid. 16 [8–10]
- death of client, guid. 4 [4]
- duty of, 4.01, 4.03, guid. 4 [3–6]
- conflicting duties, guid. 4 [26–30]
- exceptions to duty, 4.04–4.05, guid. 4 [23, 25, 32–7]
- prospective client, guid. 4 [6]
- retainer, end of, guid. 4 [4]
- duty to court and, guid. 11 [6]
- duty to Solicitors Regulation Authority and, guid. 20 [28]
- factoring company, guid. 4 [8(d)]
- firms amalgamating, guid. 4 [39]
- in-house practice, 13.01(1)(a)(iv)
- information barriers, guid. 3 [15], guid. 4 [31–45]
- adequacy, guid. 4 [43–4]
- ceasing to act, guid. 4 [42]
- clients' consent, . 4.05, guid. 4 [45]
- restricted group, guid. 4 [44]
- safeguards, guid. 4 [41–5]
- insolvency, guid. 4 [7]
- joint retainer, guid. 4 [5, 8(c)]
- lawyers of other CCBE states, guid. 15 [7], 16.05, guid. 16 [8–10]
- legal professional privilege, guid. 4 [3], guid. 4 [11]
- misconduct, reporting serious, guid. 20 [34, 36, 38]
- money laundering, guid. 4 [10]
- outsourcing, guid. 4 [8(f)]
- overseas practice, 15.04
- partners or staff leaving/joining firms, guid. 4 [40]
- personal representatives, guid. 4 [4]
- publicity and, guid. 7 [46]
- reporting serious misconduct, guid. 20 [34, 36, 38]
- retainer
- end of, guid. 4 [4]
- joint, guid. 4 [5, 8(c)]
- sharing office services, guid. 4 [8(e)]
- solicitor's bill, guid. 4 [8(d)]
- Solicitors Regulation Authority, duty to, guid. 20 [28]
- waivers, 4.06, 22.01(2)(c)
- see alsoDisclosure
- Conflict of interests, rule 3
- accepting gifts, 3.04, guid. 3 [55–62]
- acting for lender and borrower, 3.16–3.22, guid. 3 [81–8]
- acting for seller and buyer, 3.07–3.15, guid. 3 [70–80]
- alternative dispute resolution, 3.06, guid. 3 [66–9]
- appointment leading to, 3.05, guid. 3 [63–5]
- arising when already acting, 3.03, guid. 3 [77]
- claims, dealing with, guid. 20 [46]
- client
- best interests, 3.01(2), guid. 3 [5, 6, 8, 15, 24–5, 48, 53, 64, 73]
- common interest, 3.02(1), guid. 3 [6(a)]
- confidentiality, 3.03, 3.15
- consent, 3.02(1)(b), guid. 3 [5, 6(b)(ii), 9]
- acting for seller and buyer in property selling and mortgage related services, 3.13(a)
- ADR services, 3.06(c)
- conveyancing transactions at arm's length, 3.10(a)
- professional embarrassment, guid.3 [15]
- independent/separate advice, guid. 2 [34], guid. 3 [40, 44–5, 54]
- interests conflicting with other clients, 3.01(2)(a), guid. 3 [2–12]
- interests conflicting with yours, 3.01(2)(b), guid. 3 [39–54]
- taking on, guid. 2 [6(a)(i)]
- co-defendants, guid. 3 [23–35]
- conveyancing
- definition of "conflict", guid. 3 [1, 2]
- exceptions to duty not to act, 3.02, guid. 3 [5–11]
- gifts, accepting, 3.04, guid. 3 [55–62]
- identification of, 5.01(1)(d), guid. 5 [19]
- in-house practice, guid. 3 [17–22], 13.01(1)(a)(iii)
- insolvency practice, guid. 3 [38]
- limited/defined retainers, guid. 3 [12–13]
- negotiating your costs, guid. 2 [31, 34], guid. 3[51]
- overseas practice, 15.03
- property selling, 18.03, guid. 18 [19–20]
- public office leading to, 3.05, guid. 3 [63–5]
- refusing instructions, guid. 2 [6(a)(i)]
- waivers, 3.23, 22.01(2)(b)
- your interests conflicting with client's, 3.01(2)(b), guid. 3 [39–54]
- Consent seeClient consent
- Contacting other party to a matter, 10.04, guid. 10 [14–23]
- Contempt of court, 11.03, guid. 11 [21]
- Contingency fee
- Contract race, 10.06, guid. 10[42 – 45]
- Conveyancing
- confidentiality, disclosure of conveyancing file and, guid. 4 [8(c)]
- conflict of interests, 3.15
- recognised bodies, 14.02(2)
- registered european lawyer, 20.01(2), guid. 20 [3], guid. 5 [8]
- registered foreign lawyer, 12.03(4)(d), guid. 5 [8]
- Core duties, rule 1
- overseas practice, 15.01, guid. 15 [7]
- Costs
- agreeing costs with another party, 10.02, guid. 10 [7,8]
- information to client, 2.03, guid. 2 [27–40]
- negotiating your costs, guid. 2 [31, 34], guid. 3 [51]
- payments to others, guid. 2 [40]
- recovered from third parties, guid. 13 [20–2]
- statement on, property selling, 18.02, guid. 18 [12–18]
- undertaking to pay another's costs, 10.05(4), guid. 10 [32]
- Court of Protection deputy, 14.06(8)
- Cross-border practice seeEuropean cross-border practice
- Crown employment
- Data protection
- business management and risk, guid. 5 [40]
- client's rights, guid. 2 [11, 16]
- publicity, guid. 7 [5(g), 29, 33]
- Death
- of client, confidentiality and, guid. 4 [4]
- member or shareowner of company, 14.06(5)
- Deceit
- deceiving the court 11.01, guid. 11 [12–19]
- undertaking procured by, guid. 10 [33]
- Declarations, 10.03, guid. 10 [10]
- Definitions, rule 24
- Deposit interest
- overseas practice, 15.15, guid. 15 [20]
- Direct discrimination, guid. 6 [10(a)]
- Direct marketing, guid. 7 [33]
- Director
- Disability discrimination, 6.01(1), (2), guid. 6 [3, 4, 7, 8, 10]
- less favourable treatment, guid. 6 [10(e)]
- reasonable adjustment, failure to make, 6.01(2), guid. 6 [3(b), 4, 10(f)]
- Disability Discrimination Act 1995, guid. 6 [17, 19]
- Disclosure, rule 4
- book debts, guid. 4 [8(d)]
- client, 4.02, guid. 4 [20–5]
- client's address, guid. 4 [8(b)]
- confidential information, guid. 4 [9–19]
- conflicting duties, 4.03, guid. 4 [26–30]
- conveyancing file, guid. 4 [8(c)]
- duty of, 4.02
- fee sharing, guid. 8 [14–17]
- money laundering and, guid. 4 [10]
- public interest, guid. 4 [11]
- referrals of business, financial arrangements with introducers, 9.02(a), 9.02(e), 9.02(g), guid. 9 [6–9, 10]
- to Solicitors Regulation Authority, 20.08, guid. 20 [28, 33, 34, 38, 42–4]
- statutory, guid. 4 [9–11, 14, 16]
- under Freedom of Information Act 2000, guid. 4 [11]
- Discrimination
- direct discrimination, guid. 6 [10(a)]
- duty not to discriminate, 6.01, guid. 6 [2–5]
- evidence of breach, 6.02, guid. 6 [21]
- Genuine Occupational Qualifications (GOQs), guid. 6 [12]
- Genuine Occupational Requirements (GORs), guid. 6 [12]
- grounds of. 6.01(1), guid. 6 [4–8, 10]
- age. 6.01(1), guid. 6 [7, 8, 10]
- belief 6.01(1), guid. 6 [7, 8, 10]
- civil partnership status, 6.01(1), guid. 6 [7, 8, 10]
- colour 6.01(1), guid. 6 [7, 8, 10]
- disability. 6.01(1), (2), guid. 6 [3, 4, 7, 8, 10]
- ethnicity 6.01(1), guid. 6 [7, 8, 10]
- gender 6.01(1), guid. 6 [7, 8, 10]
- gender reassignment 6.01(1), guid. 6 [7, 8, 10]
- marital status. 6.01(1), guid. 6 [7, 8, 10]
- maternity 6.01(1), guid. 6 [7, 8, 10]
- nationality and national origins, 6.01(1), guid. 6 [7, 8, 10]
- paternity. 6.01(1), guid. 6 [7, 8, 10]
- pregnancy 6.01(1), guid. 6 [7, 8, 10]
- race and racial group, 6.01(1), guid. 6 [7, 8, 10]
- religion. 6.01(1), guid. 6 [7, 8, 10]
- sex. 6.01(1), guid. 6 [7, 8, 10]
- sexual orientation, 6.01(1), guid. 6 [7, 8, 10]
- harassment, 6.01(1), guid. 6 [10(c)]
- indirect discrimination, guid. 6 [10(b)]
- instructing advocate on discriminatory grounds, 6.01(1), guid. 6 [15–18]
- refusing instructions on discriminatory grounds, guid. 6 [14]
- victimisation, 6.01(1), guid. 6 [10(d)]
- see alsoEquality and diversity
- Documents
- meaning, 24.01
- production to Solicitors Regulation Authority, 20.08
- safekeeping, 5.01(1)(g), guid. 5 [22–23]
- sent subject to condition, guid. 10 [6]
- to be held to order, guid. 10 [6]
- request by lender, guid. 4 [8(c)]
- on ceasing to act, guid. 2 [11]
- request for copy documents, guid. 10 [6]
- production to SRA, 20.08, guid. 20 [42 – 44]
- Duress, 2.01(d), guid. 2 [6(c)]
- E-commerce, guid. 7 [16–24]
- E-mail, guid. 7 [20–1], 25.01(7)
- direct marketing, guid. 7 [33]
- promotional material, guid. 7 [19]
- unsolicited, guid. 7 [22]
- "Either way" services, 21.04
- Embarrassment
- professional, guid. 3 [14–16]
- Employed solicitors seeIn-house practice
- Employee
- acting for work colleagues, 13.02
- equality and diversity and, guid. 6 [20], 6.01
- meaning, 24.01
- Employment Equality (Age) Regulations 2006, guid. 6 [17, 19]
- Employment Equality (Religion or Belief) Regulations 2003, guid. 6 [17, 19]
- Employment Equality (Sexual Orientation) Regulations 2003, guid. 6 [17, 19]
- Equal Pay Act 1970, guid. 6 [8]
- Equality and diversity, rule 6
- accepting instructions and 6.01, guid. 6 [14]
- discrimination seeDiscrimination
- employees, 6.01, guid. 6 [20]
- Employment Equality (Age) Regulations 2006, guid. 6 [17, 19]
- Employment Equality (Religion or Belief) Regulations 2003, guid. 6 [17, 19]
- Employment Equality (Sexual Orientation) Regulations 2003, guid. 6 [17, 19]
- Equal Pay Act 1970, guid. 6 [8]
- evidence of breach, 6.02, guid. 6 [21]
- Genuine Occupational Qualifications (GOQs), guid. 6 [12]
- Genuine Occupational Requirements (GORs), guid. 6 [12]
- Human Rights Act 1998, guid. 6 [5(c)]
- in-house practice, 6.04, guid. 6 [23–6]
- indirect discrimination, guid. 6 [10(b)]
- instructing barristers, 6.01, guid. 6 [15–17]
- instructing contractors, agents and third parties, 6.01, guid. 6 [18]
- meaning of terms, 6.06
- overseas practice, 15.06, guid. 15 [13]
- policy 6.03, guid. 6 [22]
- Race Relations Act 1976, guid. 6 [17, 19]
- Sex Discrimination Act 1975, guid. 6 [10(c), 17, 19]
- waivers, 6.05, 22.01(2)(d)
- Established clients, 3.09(a), guid. 3 [74]
- Estate agency by solicitors
- Estate agents
- Ethnicity
- European corporate practice
- European cross-border practice, rule 16
- application of rule, 16.01(2)
- definition, 16.01
- fee sharing with non-lawyers, guid. 8 [18], 16.03, guid. 16 [5–7]
- incompatible occupations, 16.02, guid. 16 [3–4]
- lawyers in different member states
- non-lawyers
- overseas practice and, 15.16, guid. 15 [21–2]
- states and legal professions, guid. 16 [1–2]
- Executor company, guid. 14 [27–8], 21.02(1)(g), 21.04(1)(i), guid. 21 [11–12]
- Fee earner
- leaving firm, guid. 7 [47], guid. 2 [20]
- Fee sharing. rule 8
- best interests of client, guid. 8 [7, 13]
- with charities 8.01(h), guid. 8 [4–18]
- core duties, guid. 8 [7, 13]
- disclosure to clients, guid. 8 [14, 15]
- disclosure to the Solicitors Regulation Authority, 8.01(h)(ii), 8.02(1)(d), guid. 8 [16, 17]
- estate agents, 8.01(g), guid. 18 [6]
- European cross-border practice, guid. 8 [18], 16.03, guid. 16 [5–7]
- independence, guid. 1 [7], guid . 8 [Introduction, 2, 7, 13]
- with lawyers and colleagues, 8.01
- limit on, guid . 8 [13]
- meaning, guid. 8 [1]
- with other non-lawyers, 8.02, guid. 8 [4–18]
- European cross-border practice, guid. 8 [18], 16.03, guid. 16 [5–7]
- examples of arrangements, guid. 8 [12]
- overseas practice, guid. 8 [3], 15.08, guid. 15 [15]
- partnership, guid. 8 [9]
- public interest, guid. 8 [6]
- referrals of business, 8.02(1)(e), guid. 8 [8]
- risk assessment, guid. 8 [13]
- Fees, 11.04(2)(b), guid. 11 [23]
- Fellow employees, seeWork colleagues
- Financial difficulty
- reporting serious financial difficulty, 20.06, guid. 20 [33–9]
- Financial promotions, guid. 7 [24, 31–2]
- Financial services, rule 19
- Financial Services Authority, guid. 19 [2]
- Financial Services and Markets Act 2000, 19.01(4), guid. 19 [2, 3], guid. 20 [9]
- Firm
- Foreign law firms
- Foreign lawyer
- Framework of practice, rule 12
- overseas practice, 15.12, guid. 15 [17]
- Fraud
- undertaking procured by, guid. 10 [33]
- Freedom of Information Act 2000, guid. 4 [11]
- Gender
- Gender reassignment
- Genuine Occupational Qualifications (GOQs)
- discrimination and, guid. 6 [12]
- Genuine Occupational Requirements (GORs)
- discrimination and, guid. 6 [12]
- Gifts
- Guidance to the rules
- Harassment
- Home Information Packs,
- property selling requirements, 18.01(2), guid. 18 [11(g), 12]
- through separate business, guid. 21 [1]
- who is the client, guid. 2 [3]
- Housing Act 2004, 18.01 (2),(3), guid. 18 [11, 12]
- Human Rights Act 1998, guid. 6 [5(c)]
- Immigration tribunal
- Immigration work 20.01, guid. 20 [2–6]
- definition, guid. 20 [8]
- practice, 12.03(5), 12.05(1)(e–f), 12.06(1)(e–f), guid. 12 [24, 27(c)]
- recognised bodies, 20.01(5), guid. 20 [5]
- recognised sole practitioners, 20.01(6), guid. 20 [6]
- registered European lawyers, 20.01(2–3), guid. 20 [3]
- registered foreign lawyers, 12.03(5), 20.01(4), guid. 20 [4]
- solicitors. 20.01(1), guid. 20 [2]
- In-house practice rule 13
- access to client, guid. 13 [23]
- accounts rules and accountants' reports, guid. 13 [10–13]
- associations, acting for members of, 13.05
- best interests of client, 13.01(1)(a)(ii)
- business management, 5.01(2), guid. 5 [41]
- charities, 13.09
- client's best interest, 13.01(1)(b)
- client care requirements, guid. 2 [23]
- commercial legal advice services, 13.07, guid. 13 [24]
- Compensation Fund contributions, guid. 13 [8, 10, 13]
- conditions applying at all times, 13.01
- confidentiality, 13.01(1)(a)(iv)
- conflict of interests, guid. 3 [17–22], 13.01(1)(a)(iii)
- costs recovered from third parties, guid. 13 [20–2]
- the Crown, 13.10
- discrimination, 6.04, guid. 6 [23–6]
- foreign law firms, 13.11, guid. 13 [26–27]
- indemnity insurance, 13.01(1)(b)
- commercial legal advice services, 13.07(b)
- foreign law firms, 13.11(2)(b)
- law centres, charities and non-commercial legal advice services, 13.09(1)(e), guid. 13 [25]
- pro bono work, 13.04(1)(a)
- separate practice through a firm, guid. 13 [14]
- independence, guid. 3 [17–22], 13.01(1)(a)(i)
- industrial action, guid. 13 [19]
- insured, acting for when employed by insurer, 13.06, guid. 13 [24]
- integrity, 13.01(1)(a)(i)
- law centres, 13.09
- Legal Services Commission, 13.10
- local government, 13.08
- manager or employee of authorised non-SRA firm, guid. 13 [28–30], guid. 23 [4, 5]
- meaning, 24.01
- non-commercial advice services, 13.09
- non-departmental public bodies, 13.10
- notepaper, guid. 13 [7, 8]
- overseas practice 15.13, guid. 15 [18–9]
- practising certificate, guid. 20 [55–6]
- pro bono work, 13.04
- regulatory bodies, 13.12guid
- related bodies, acting for, 13.03
- separate practice through a firm, guid. 13 [14–18]
- supervision requirements, 5.01(2),guid. 5 [41], 5.02, guid. 5 [42 – 44], 5.03, guid. 5 [45 – 52]
- work colleagues, acting for, 13.02
- Inconsistent statements by client, guid. 11 [17]
- Indemnity insurance see Professional indemnity insurance; Solicitors' Indemnity Insurance Rules
- Independence
- advocate, appearing as witness, 11.06
- charities, guid. 13 [25]
- conflict of interests
- in-house practice, guid. 3 [17–22]
- insolvency practice, guid. 3 [3]
- constraints on, guid. 2 [17(c)]
- core duty, 1.03, guid. 1 [7]
- fee sharing, guid. 1 [7], guid. 8 [Introduction, 2, 7, 13]
- finance agreements/arrangements, guid. 1 [7]
- financial services, 19.01, 19 [Introduction, 1, 7]
- in-house practice, guid. 3 [17–22], 13.01(1)(a)(i)
- insolvency practice, guid. 17 [Introduction, 2]
- law centres, guid. 13 [25]
- meaning, guid. 1 [7]
- non-commercial advice services, guid. 13 [25]
- professional embarrassment, guid. 3 [14]
- referrals of business, 9.01(1), guid. 9 [Introduction, 1, 13, 17]
- Indirect discrimination, guid. 6 [10(b)]
- Information barriers, guid. 3 [15], guid. 4 [31–45]
- adequacy, guid. 4 [43–4]
- ceasing to act, guid. 4 [42]
- clients' consent, 4.05, guid. 4 [45]
- restricted group, guid. 4 [44]
- safeguards, guid. 4 [41–5]
- Insolvency
- confidentiality and, guid. 4 [7]
- member or shareowner of company, 14.06(7)
- Insolvency practice, rule 17
- conflict of interests, guid. 3 [38]
- independence, guid. 17 [Introduction, 2]
- overseas practice, 15.17
- Instructing advocates
- barristers attending advocates at court, guid. 11 [9–10]
- on discriminatory grounds, 6.01(1), guid. 6 [15–18]
- Instructions
- accepting, 2.01, guid. 2 [3–7]
- another firm instructed, guid. 2 [7]
- refusing, 2.01, guid. 2 [3–7], 11.04, guid. 11 [22–3]
- conflict of interests, guid. 2 [6(a)(i)]
- on discriminatory grounds, guid. 6 [14]
- Insurance seeProfessional indemnity insurance
- Insured, acting for
- when employed by insurer, 13.06, guid. 13 [24]
- Integrity
- core duty, 1.02, guid. 1 [6]
- fee sharing, guid. 8 [7]
- in-house practice, 13.01(1)(a)(i)
- orders of the Legal Services Ombudsman, guid. 20 [30]
- property selling, false statements in, guid. 18 [11(b)]
- reporting serious misconduct, 20.06(b), guid. 20 [33]
- Interests seeBest interests of client; Common interest of clients; Conflict of interests; Public interest
- Interpretation, rule 24
- Introductions seeReferrals of business
- Investment business seeFee sharing; Financial services
- Justice and the rule of law
- Law centres
- Law costs draftsman
- legal disciplinary practice, guid. 12 [2]
- Lawyer
- Lawyer of England and Wales
- Legal Complaints Service
- Legal disciplinary practices, guid. 12 [1–2]
- Legal executives
- legal disciplinary practice, guid. 12 [2]
- Legal professional privilege, guid. 4 [3, 11]
- Legal Services Act 2007, guid. 12 [1]
- Legal Services Commission
- Legal Services Ombudsman, guid. 20 [30]
- Lender and borrower
- Letterhead, 25.01(7)
- Letter before action, guid. 10 [5]
- Licensed conveyancer
- legal disciplinary practice, guid. 12 [2]
- Lien, 2.03(1)(e), guid. 2 [2, 11, 32]
- Limitation of civil liability by contract, 2.07, guid. 2 [64–72]
- Limited liability partnerships
- Calling a non-member a 'partner', guid. 7 [36 – 39]
- meaning, 24.01
- members, guid. 7 [36–9], 14.05
- minimum number of members, 14.05(2)
- persons who may be a member, 14.05(1)
- prohibition on creating third party interests, 14.05(3)
- recognised bodies, 14.05
- registered office, 14.03(3)
- website and e-mails, 25.01(7)(b)
- Litigation
- client
- best interests of, guid. 11 [5, 18]
- deceiving the court/perjury, guid. 11 [14–16]
- inconsistent statements by, guid. 11 [17]
- court
- attending advocates, guid. 11 [9–10]
- contempt of court, 11.03, guid. 11 [21]
- court orders, 11.02, guid. 11 [20]
- deceiving/misleading the court, 11.01, guid. 11 [12–19]
- disclosing information to the court, guid. 4 [14, 15], guid. 11 [5, 11–18]
- duty to, guid. 1 [5], 11.01–11.03, guid. 11 [6]
- judges, communicating with, guid. 11 [7]
- officer seeOfficer of the court
- registered European lawyers, guid. 11 [2]
- registered foreign lawyers, guid. 11 [3]
- statements to the media, guid. 11 [11]
- witnesses seeWitnesses
- overseas practice. 15.11
- see alsoAdvocacy
- Local government
- Mailshots, guid. 7 [29]
- Management
- Manager
- Marital status
- Marketing
- British Code of Advertising, Sales Promotion and Direct Marketing guid. 7 [6]
- separate business, guid. 21 [16]
- see alsoAdvertising; Publicity
- Master of the Rolls
- Maternity
- Media
- statements to, guid. 11 [11]
- Member
- ceasing to be eligible, 14.06(6)
- company, 14.06(2)
- Court of Protection deputy, 14.06(8)
- death of, 14.06(5)
- insolvency, 14.06(7)
- limited liability partnership, guid. 7 [36–9], 14.05, guid. 14 [15]
- meaning, 24.01
- persons who may be, 14.06(2)
- prohibition on creating third party interests, 14.06(3)
- recognised bodies, 14.05, 14.06(2), guid. 14 [15]
- Misconduct
- reporting serious misconduct, 20.06, guid. 20 [33–9]
- Misrepresentation
- undertaking procured by, guid. 10 [33]
- Money
- sent subject to condition, guid. 10 [6]
- to be held to order, guid. 10 [6]
- Money laundering
- compliance with regulations, 5.01(1)(b), guid. 5 [14]
- confidentiality and, guid. 4 [10]
- Name of firm
- Business Names Act 1985, guid. 7 [5(c)]
- publicity and, 7.06, guid. 7 [14–15]
- Nationality and national origins
- Negligence
- Dealing with claim or potential claim, 20.09, guid. 20 [45 – 53]
- Nominee company, guid. 14 [27–8], 21.02(1)(g), 21.04(1)(i), guid. 21 [11–12]
- Notary public
- legal disciplinary practice, guid. 12 [2]
- meaning, 24.01
- Oaths
- Officer of a company
- Officer of the court, guid. 11 [6]
- refusing instructions, 11.04, guid. 11 [22–3]
- registered European lawyers, guid. 11 [2]
- registered foreign lawyers, guid. 11 [3]
- solicitors, guid. 11 [6]
- statements to the media, guid. 11 [11]
- witnesses seeWitnesses
- Oversea company, 14.07(5), 14 [21], 24.01
- Overseas practice, rule 15
- accounts, 15.27, guid. 15 [26–8]
- advocacy, 15.11
- application of the rules, 15.01(2), guid. 15 [1–6]
- business management, 15.05
- client relations, 15.02, guid. 15 [12]
- commencement of the Solicitors' Code of Conduct, 15.25
- confidentiality, 15.04
- conflict of interests, 15.03
- conflict of rules, 15.01, guid. 15 [8–11]
- core duties, 15.01, guid. 15 [7]
- definition, guid. 15 [Introduction]
- deposit interest, 15.15, guid. 15 [20]
- equality and diversity, 15.06, guid. 15 [13]
- European cross-border practice and, 15.16, guid. 15 [21–2]
- fee sharing, guid. 8 [3], 15.08, guid. 15 [15]
- financial services, 15.19
- framework of practice, 15.12, guid. 15 [17]
- in-house practice, 15.13, guid. 15 [18–9]
- indemnity insurance, 15.26, guid. 15 [25]
- insolvency practice, 15.17
- interpretation, 15.24
- litigation, 15.11
- meaning, 24.01
- modification of the rules, 15.01(3-4)
- property selling, 15.18
- publicity, 7.04, guid. 7 [25–8], 15.07, guid. 15 [14]
- cross-border e-publicity, guid. 7 [25, 26]
- recognised bodies, 15.14
- referrals of business, 15.09
- repeals and commencement, 15.25
- separate businesses, 15.21, guid. 15 [23–4]
- solicitors, 12.01(2), guid. 12 [13–17], rule 15
- third parties, relations with, 15.10
- undertakings, 15.10(2), guid. 15 [16]
- waivers, 15.22
- Owner
- Partner
- Partnerships
- changes to composition, 14.04(2–5)
- discrimination and, guid. 6 [19–20]
- e-mail, 25.01(7)(a)
- fee sharing, guid. 8 [9]
- limited liability seeLimited liability partnership
- meaning, 24.01
- only one active partner remaining, 14.04(10)
- persons who may be a partner, 14.04(1)
- prohibition on creating third party interests, 14.04(11)
- recognised bodies, 14.04
- splitting into two or more firms, 14.04(6–9)
- website and e-mails, 25.01(7)(a)
- Patent agent
- legal disciplinary practice, guid. 12 [2]
- Paternity
- Perjury, guid. 11 [14–16]
- Practice
- body, through, 24.01
- employment with a firm
- employment outside a firm
- foreign lawyer, not in the capacity of a registered foreign lawyer, 12.03(2–5)
- from an office
- in England and Wales
- meaning, 24.01
- outside England and Wales
- immigration work, 12.03(5), 12.05(1)(e–f), 12.06(1)(e–f), guid. 12 [24, 27(c)], 20.01, guid. 20 [2–6]
- in-house seeIn-house practice
- legal disciplinary practices (LDPs), guid. 12 [1–2]
- Legal Services Act 2007 (LSA), guid. 12 [1–6]
- manager, employee, member or owner of a company which is a recognised body
- meaning, 24.01
- non-lawyers, 12.06, guid. 12 [43–7]
- recognition, guid. 12 [3]
- overseas
- recognised bodies, 12.04, guid. 12 [30–7], rule 14
- manager or employee
- authorised by another approved regulator, 12.05, guid. 12 [38–42]
- non-lawyers, 12.06, guid. 12 [43–7]
- office in England and Wales, 12.04(1), guid. 12 [30–2]
- office outside England and Wales, 12.04(2), guid. 12 [33–7]
- registered European lawyers, 12.02(1)(c), 12.02(2)(c)
- registered foreign lawyers, 12.03(1)(b)
- solicitors, 12.01(1)(c), 12.01(2)(c)
- registered European lawyers, 12.02, guid. 12 [18–20]
- employment with a firm, 12.02(1)(d), 12.02(2)(b–d)
- employment outside a firm, 12.02(1)(e), 12.02(2)(e)
- manager, employee, member or owner of a company which is a recognised body, 12.02(1)(c)
- office England and Wales, 12.02(1), guid. 12 [18–19]
- office in Scotland or Northern Ireland, 12.02(2), guid. 12 [20]
- recognised bodies, 12.02(1)(c), 12.02(2)(c)
- recognised bodies in Scotland and Northern Ireland, 12.02(2)(d)
- sole practitioner, 12.02(1)(a),12.02(2)(a), 20.03
- registered foreign lawyers, 12.03, guid. 12 [21–9]
- in capacity of an RFL, 12.03(1)
- foreign lawyer, not in the capacity of, 12.03(2–5)
- manager, employee, member or owner of a company which is a recognised body, 12.03(1)(b)
- office in England and Wales, guid. 12 [21–8]
- office outside England and Wales, guid. 12 [29]
- recognised bodies, 12.03(1)(b)
- scope of practice, 12.03(4–5)
- rights and obligations seeRights and obligations of practice
- sole practitioner
- solicitors, 12.01, guid. 12 [7–17]
- employment with a firm, 12.01(1)(c–d), 12.01(2)(b–d)
- employment outside a firm, 12.01(1)(e), 12.01(2)(e)
- office in England and Wales, 12.01(1), guid. 12 [7–12]
- office outside England and Wales, 12.01(2), 12 [13–17]
- overseas, 12.01(2), guid. 12 [13–17], rule 15
- recognised bodies, 12.01(1)(c), 12.01(2)(c)
- rights and obligations of practice rule 20
- sole practitioner, 12.01(1)(a), 12.01(2)(a), 20.03
- Practising address, 14.03(2), guid. 14 [18]
- Practising certificate, 20.02, guid. 20 [10–14]
- compliance with conditions, 20.10, guid. 20 [54]
- holding out as a practising solicitor, 20.02(2)(b), guid. 20 [15–18]
- in-house solicitors, guid. 20 [55–6]
- justices' clerks, guid. 13 [3]
- requirements and exemptions under the Solicitors Act 1974, guid. 20 [10–14]
- retirement from practice, guid. 20 [19–21]
- sole practitioners, guid. 20 [22–5]
- Pregnancy
- Privilege
- legal professional, guid. 4 [3, 11]
- Pro bono work, 13.04
- Professional behaviour, character and standards, guid. 1 [1, 2, 10]
- Professional embarrassment, guid. 3 [14–16]
- Professional indemnity insurance
- claims, guid. 20 [45–53]
- client protection, guid. 21 [3]
- in-house practice, 13.01(1)(b)
- commercial legal advice services, 13.07(b)
- foreign law firms, 13.11(2)(b)
- law centres, charities and non-commercial legal advice services, 13.09(1)(e), guid. 13 [25]
- pro bono work, 13.04(1)(a)
- separate practice through a firm, guid. 13 [14]
- key regulatory obligations, guid. 5 [15(h)]
- limitation of civil liability by contract, 2.07, guid. 2 [64, 71]
- overseas practice, 15.26, 15 [25]
- recognised bodies, guid. 14 [23]
- salaried partners, guid. 7 [35]
- undertakings, guid. 10 [37]
- see alsoSolicitors' Indemnity Insurance Rules
- Property selling, rule 18
- business structures, guid. 18 [1–9]
- conflict of interests, 18.03, guid. 18 [19–20]
- cost, statement on the, 18.02, guid. 18 [12–18]
- estate agency by solicitors, 21.04(1)(c), 21.05(2)(f)
- Estate Agents Act 1979, 18.01(3), guid. 18 [8, 10]
- false statements, guid. 18 [11(b)]
- fee sharing with estate agents, 8.01(g), guid. 18 [6]
- Home Information Packs, 18.01(2), guid. 18 [11(g), 12]
- Housing Act 2004, 18.01 (2),(3), guid. 18 [11, 12]
- integrity, guid. 18 [11(b)]
- overseas practice, 15.18
- Property Display Centre, guid. 18 [3–5]
- separate businesses, 21.04(1)(c), 21.05(2)(f)
- standards, 18.01, guid. 18 [10–11]
- waivers, 18.04, guid. 18 [21], 22.01(2)(f)
- Public confidence, 1.06, guid. 1 [10], guid. 10 [4], 23.02, guid. 23 [6]
- orders of the Legal Services Ombudsman, guid. 20 [30]
- Public interest, guid. 1 [3]
- disclosure/Freedom of Information Act 2000, guid. 4 [11]
- fee sharing, guid. 8 [6]
- Publicity, rule 7
- advertising, law on, guid. 7 [5–7]
- application of rule, 7.06
- British Code of Advertising, Sales Promotion and Direct Marketing, guid. 7 [6]
- Business Names Act 1985, guid. 7 [5(c)]
- charges, clarity, 7.02, guid. 7 [9–12]
- "cold calling", guid. 7 [30], 9 [11]
- confidentiality, guid. 7 [46]
- cross-border, guid. 7 [25, 26]
- data protection, guid. 7 [5(g), 29, 33]
- donation of fees to charity, guid. 7 [13]
- e-commerce, guid. 7 [16–24]
- e-mail, 25.01(7)
- promotional material, guid. 7 [19]
- unsolicited, guid. 7 [22]
- fee-earner leaving a firm, guid. 7 [47]
- financial promotions, guid. 7 [24, 31–2]
- firm, name of, 7.06, guid. 7 [14–15]
- geographical scope of rule, guid. 7 [1]
- identifying your firm, guid. 7 [4]
- inaccurate, 7.01
- letterhead, 7.07, guid. 7 [20–1], 25.01(7)
- status of named individuals, 7.07, guid. 7 [34–9]
- local law society involvement, guid. 7 [3]
- mailshots, guid. 7 [29]
- meaning, 24.01
- "member of the public", 7.03(2)
- misleading, 7.01
- name of firm, 7.06, guid. 7 [14–15]
- naming
- clients, guid. 7 [46]
- staff, guid. 7 [44–5]
- overseas practice, 7.04, guid. 7 [25–8], 15.07, guid. 15 [14]
- cross-border e-publicity, guid. 7 [25, 26]
- "partner"
- in company, guid. 7 [40–2]
- in limited liability partnership, guid. 7 [36–9]
- promotional material, 7.06, guid. 7 [19]
- qualifications of managers and RELs, guid. 7 [43]
- referrals of business, 9.01(2), 9.02(c), guid. 9 [11]
- registered European lawyers, guid. 7 [43]
- responsibility for, 7.05, guid. 7 [8]
- staff, naming, guid. 7 [44–5]
- stationery, 7.06–7.07
- statutory requirements, guid. 7 [5–7]
- unsolicited, guid. 7 [22]
- "cold calling", guid. 7 [30]
- e-mails, guid. 7 [22]
- financial promotions, guid. 7 [31–2]
- former fee-earner contacting clients, guid. 7 [47]
- mailshots, guid. 7 [29]
- visits or telephone calls, 7.03
- data protection, guid. 7 [33]
- voluntary codes, guid. 7 [6]
- websites, 7.06, 7.07, guid. 7 [16–24]
- see alsoAdvertising; Marketing
- Publicly funded work
- fees, guid. 11 [23]
- referrals of business, 9.02(h), guid. 9 [14]
- Race and racial group
- Race Relations Act 1976, guid. 6 [17, 19]
- Recognised bodies, rule 14
- accountants' reports, guid. 14 [24]
- annual recognition fee, guid. 14 [13]
- application of Code to employees of, 23.01(1)(d), guid. 23 [3–5]
- charges/third party interests, 14.04(11), 14.05(3), 14.06(3), guid. 14 [25]
- companies, 14.06
- Court of Protection deputy, 14.06(8)
- death of member or shareowner, 14.06(5)
- director, persons who may be, 14.06(1)
- insolvency of member or shareowner, 14.06(7)
- member or shareowner ceasing to be eligible, 14.06(6)
- persons who may be member or shareowner, 14.06(2)
- prohibition on creating third party interests, 14.06(3), guid. 14 [25]
- record of non-members shareowners, 14.06(4)
- registered office, 14.03(3)
- company secretarial services, guid. 14 [29], guid. 21 [13]
- Compensation Fund contributions, guid. 14 [13]
- compliance duties, 14.02, guid. 14 [22–4]
- conveyancing, 14.02(2)
- director, 14.06(1), guid. 14 [16]
- documentation, 14.07
- emergencies, guid. 14 [26]
- executor company, guid. 14 [27–8], 21.02(1)(g), 21.04(1)(i), guid. 21 [11–12]
- formation, 14.03
- fundamental requirements, 14.01, 14 [5–12]
- immigration work, 20.01(5), guid. 20 [5]
- indemnity insurance, guid. 14 [23]
- information, 14.07
- key regulatory obligations, guid. 5 [15(e), (g)]
- legal and regulatory framework, guid. 14 [1–4]
- limited liability partnerships, 14.05, guid. 14 [15]
- minimum number of members, 14.05(2)
- persons who may be a member, 14.05(1)
- prohibition on creating third party interests, 14.05(3), guid. 14 [25]
- registered office, 14.03(3)
- management and control requirement, 14.01(3), guid. 14 [10–12, 14, 16]
- manager or employee
- authorised by another approved regulator, 12.05, guid. 12 [38–42]
- non-lawyers, 12.06, guid. 12 [43–7]
- meaning, guid. 14 [1], 24.01
- member, guid. 14 [15]
- Mental Health Act equivalents, 14.08
- nominee company, guid. 14 [27–8], 21.02(1)(g), 21.04(1)(i), guid. 21 [11–12]
- non-lawyers, 12.06, guid. 12 [43–7]
- recognition, guid. 12 [3]
- office in England and Wales, 12.04(1), guid. 12 [30–2]
- office outside England and Wales, 12.04(2), guid. 12 [33–7]
- overseas practice, 15.14
- partnerships, 14.04, guid. 14 [15]
- practice, 12.04, guid. 12 [30–7], rule 14
- practising address, 14.03(2), guid. 14 [18]
- probate, 14.02(2)
- prohibition on creating third party interests, 14.04(11), 14.05(3), 14.06(3), guid. 14 [25]
- recognition, guid. 14 [13]
- registered European lawyers, 12.02(1)(c), 12.02(2)(c)
- registered foreign lawyers, 12.03(1)(b)
- registered office, 14.03(3)
- regulatory provisions, guid. 14 [13–21]
- relevant lawyer requirement, 14.01(2), guid. 14 [8–9, 14, 16]
- reserved work, 20.01(5), guid. 20 [5]
- service company, guid. 14 [30], guid. 21 [14–15]
- services requirement, 14.01(1), guid. 14 [6–7]
- shareowner
- solicitor-controlled, meaning, 24.01
- solicitors, 12.01(1)(c), 12.01(2)(c)
- trustee company, guid. 14 [27–8], 21.02(1)(g), 21.04(1)(i), guid. 21 [11–12]
- Recognised sole practitioners
- References
- discrimination and, guid. 6 [20]
- Referrals of business, rule 9
- agreements with introducers, 9.02, guid. 9 [4–5]
- best interests of client, 9.01(1), 9.03(1)
- "claims assessors", 9.01(4)
- constraints on professional judgement, guid. 2 [16–17], 9.02(d)(ii), guid. 9 [13]
- contingency fee, 9.01(4–6)
- criminal proceedings, 9.02(h), guid. 9 [14]
- disclosure to client
- disclosure to Solicitors Regulation Authority, 9.02(a)
- European cross-border practice, guid. 9 [20]
- excepted work, 9.02(h), guid. 9 [14]
- fee sharing, 8.02(1)(e), guid. 8 [8]
- financial arrangements, 9.02, guid. 9 [4–5]
- financial services, rule 19
- improper constraints, guid. 2 [16–17], 9.02(d)(ii), guid. 9 [13]
- independence, 9.01(1), guid. 9 [Introduction, 1, 13, 17]
- information for clients, 9.02(e), 9.02(g), guid. 9 [6–9]
- "normal business expenses", 9.02(i)(ii)
- "normal hospitality", 9.02(i)(ii)
- overseas practice, 15.09
- "payment", meaning, 9.02(i)(ii)
- publicity, 9.01(2), 9.02(c), guid. 9 [11]
- publicly funded work, 9.02(h), guid. 9 [14]
- third parties, 9.03, guid. 9 [17–19]
- Refusing instructions, 2.01, guid. 2 [3 – 7] , guid. 6 [14]
- Registered European lawyers, guid. 11 [2]
- application of Code to, 23.01(1)(a), 23.01(2)(a)
- employment with a firm, 12.02(1)(d), 12.02(2)(b–d)
- employment outside a firm, 12.02(1)(e), 12.02(2)(e)
- immigration work, 20.01(2–3), guid. 20 [3]
- in-house, industrial action by , guid. 13 [19]
- legal disciplinary practice, guid. 12 [1]
- litigation & rights of audience, 20.01(2-3),guid. 20[3], guid. 11 [2]
- manager, employee, member or owner of a company which is a recognised body, 12.02(1)(c), 12.02(2)(c)
- meaning, 24.01
- officer of the court, guid. 11 [6]
- practice, 12.02, guid. 12 [18–20]
- Legal Services Act 2007 (LSA), guid. 12 [1–6]
- office in England and Wales, 12.02(1), guid. 12 [18–19]
- office in Scotland or Northern Ireland, 12.02(2), guid. 12 [20]
- qualifications, publicity and, guid. 7 [43]
- recognised bodies, 12.02(1)(c)
- reserved work, 20.01(2–3), guid. 20 [3]
- sole practitioner, 12.02(1)(a), 12.02(2)(a)
- Registered foreign lawyers guid. 11 [3], guid. 11 [6]
- application of Code to, 23.01(1)(c), 23.01(2)(a)
- foreign lawyer, not in the capacity of, 12.03(2–5)
- immigration work, 12.03(5), 20.01(4), guid. 20 [4, 8]
- litigation & rights of audience, 20.01(4), guid. 20 [4], 12.03(4), guid. 11 [3]
- meaning, 24.01
- practice, 12.03, guid. 12 [21–9]
- in capacity of an RFL, 12.03(1)
- in capacity other than an RFL, 12.03(2–5)
- Legal Services Act 2007 (LSA), guid. 12 [1–6]
- office in England and Wales, guid. 12 [21–8]
- office outside England and Wales, guid. 12 [29]
- scope, 12.03(4–5)
- recognised bodies, 12.03(1)(b), 12.03(2)(b)
- reserved work, 20.01(4), guid. 20 [4]
- scope of practice, 12.03(4–5)
- Registered office, 14.03(3)
- Regulatory bodies
- Related bodies
- Relations with third parties seeThird parties, relations with
- Religion
- Repeals and commencement, rule 25
- Reserved work, 20.01, guid. 20 [2–6]
- definition, guid. 20 [7]
- meaning, 24.01
- recognised bodies, 20.01(5), guid. 20 [5]
- recognised sole practitioners, 20.01(6), guid. 20 [6]
- registered European lawyers, 20.01(2–3), guid. 20 [3]
- registered foreign lawyers, 20.01(4), guid. 20 [4]
- solicitors, 20.01(1), guid. 20 [2]
- Retainer
- accepting, 2.01, guid. 2 [3-7]
- implied, guid. 10 [3]
- when other solicitors acting, guid. 2 [7]
- terminating, 2.01(2), guid. 2 [3, 6, 8-10]
- Rights and obligations of practice, rule 20
- dealing with claims, 20.09
- immigration work, 20.01, guid. 20 [2–6]
- obstructing complaints, 20.07
- participation in legal practice, guid.20.04, 20 [26]
- practising certificate, 20.02, guid. 20 [10–14]
- compliance with conditions, 20.10, guid. 20 [54]
- holding out as a practising solicitor, 20.02(2)(b), guid. 20 [15–18]
- in-house solicitors, guid. 20 [55–6]
- requirements and exemptions under the Solicitors Act 1974, guid. 20 [10–14]
- production of documents, information and explanations, 20.08
- reporting serious misconduct and serious financial difficulty, 20.06
- reserved work, 20.01, guid. 20 [2–6]
- sole practitioners, 20.03
- Risk management, 5.01(1)(l), guid. 5 [39–40]
- Rule of law seeJustice and the rule of law
- Salaried partner, guid. 7 [35]
- Second opinion, guid. 2 [7]
- Secretarial services, guid. 14 [29], guid. 21 [13]
- Seller and buyer, acting for seeActing for seller and buyer
- Selling property seeProperty selling
- Separate businesses, rule 21
- company secretarial services, guid. 14 [29]
- definition, guid. 21 [Introduction, 1]
- "either way" services, 21.04
- estate agency, 21.04(1)(c), 21.05(2)(f)
- executor company, guid. 14 [27–8], 21.02(1)(g), 21.04(1)(i), guid. 21 [11–12]
- financial services, 21.04(1)(b), guid. 21 [17]
- indemnity insurance, 21 [3]
- legal advice/drafting, 21.02(1)(h–i), 21.02(2)(d), guid. 21 [10]
- marketing/description, guid. 21 [16]
- meaning, 24.01
- nominee company, guid. 14 [27–8], 21.02(1)(g), 21.04(1)(i), guid. 21 [11–12]
- overseas practice, 15.21, guid. 15 [23–4]
- property selling, 21.04(1)(c), 21.05(2)(f)
- safeguards, 21.05
- service company, guid. 14 [30], guid. 21 [14–15]
- services not to be provided, 21.02, guid. 21 [4(a)]
- services which may be provided in conjunction with a firm or in-house practice, 21.03
- sharing facilities, 21.05(d)
- trustee company, guid. 14 [27–8], 21.02(1)(g), 21.04(1)(i), guid. 21 [11–12]
- Serious misconduct and serious financial difficulty
- Service company, guid. 14 [30], guid. 21 [14–15]
- Sex
- Sex Discrimination Act 1975, guid. 6 [17, 19]
- Sexual harassment, 6.01(1), guid. 6 [10(c)]
- Sexual orientation
- Shareowner
- Sharing fees seeFee sharing
- Societas Europaea, 14.03(1)(c), 14.03(3)(c), 14.06(2)(c), 14.07(5)
- Sole practitioners
- application of Code to employees of, 23.01(1)(d), guid. 23 [3–5]
- letterhead etc, 25.01(7)(c)
- meaning, 24.01
- practising certificate, guid. 20 [22–5]
- registered foreign lawyers, 12.02(1)(a), 12.02(2)(a), 20.03
- rights and obligations of practice, 20.03
- solicitors, 12.01(1)(a), 12.01(2)(a), 20.03
- see alsoRecognised sole practitioners
- Solicitors
- advocacy, guid. 11 [1]
- application of Code to, 23.01(1)(a), 23.01(2)(a)
- attorney, guid . 3 [50]
- director, guid . 4 [49], guid . 2 [20]
- employment with a firm, 12.01(1)(d), 12.01(1)(e), 12.01(3)(f)
- employment outside a firm, 12.01(1)(e), 12.01(2)(e)
- estate agency by, rule 18, 21.04(1)(c), 21.05(2)(f)
- executor, guid. 2 [26]
- holding out as a practising solicitor, 20.02(2)(b), guid. 20 [15–18]
- immigration work, 20.01(1), guid. 20 [2]
- leaving firm, guid . 7[47], guid . 2 [20]
- legal disciplinary practice, guid. 12 [1]
- officer of the court, guid. 11 [6]
- overseas, 12.01(2), guid. 12 [13–17], rule 15
- personal interest conflicting with client's, see Conflict
- practice, 12.01, guid. 12 [1–17]
- Legal Services Act 2007 (LSA), guid. 12 [1–6]
- office in England and Wales, 12.01(1)
- office outside England and Wales, 12.01(2), guid. 12 [13–17]
- practising certificate, 20.02, guid. 20 [10–14]
- compliance with conditions, 20.10, guid. 20 [54]
- holding out as a practising solicitor, 20.02(2)(b), guid. 20 [15–18]
- in-house solicitors, guid. 20 [55–6]
- requirements and exemptions under the Solicitors Act 1974, guid. 20 [10–14]
- retirement from practice, guid. 20 [19–21]
- sole practitioners, guid. 20 [22–5]
- recognised bodies, 12.01(1)(c), 12.01(2)(c)
- requirements of, rule 20
- reserved work, 20.01(1), guid. 20 [2]
- sole practitioner, 12.01(1)(a), 12.01(2)(a), 20.03
- using professional title to advance own interests, 10.01, guid . 10 [1,4]
- Solicitors' Accounts Rules, 25.01(4)(a)
- commission, guid. 2 [61]
- compliance with, guid. 13 [17]
- in-house practice, guid. 5 [18], guid. 13 [10–13]
- key regulatory obligations, guid. 5 [15(i)]
- overseas practice, guid. 15 [27, 28]
- deposit interest, 15.15, guid. 15 [20]
- property selling, guid. 18 [11(d)]
- recognised bodies, guid. 14 [22]
- retirement from practice, guid. 20 [19]
- salaried partner, guid. 7 [35]
- withdrawal from client account, guid. 5 [34]
- Solicitors' Compensation Fund (Foreign Lawyers' Contributions) Rules, 25.01(4)(g)
- Solicitors' Compensation Fund Rules, 25.01(4)(f)
- Solicitors' Estate Agency Limited (SEAL), 3.11(b), 3.12, 3.13(f)(iii)
- Solicitors' Financial Services (Conduct of Business) Rules, guid. 19 [4], 25.01(4)(e)
- Solicitors' Financial Services (Scope) Rules, guid. 19 [4], 25.01(4)(d)
- commission, guid. 2 [63]
- conditional fee agreement, guid. 3 [52]
- Solicitors' Indemnity (Enactment) Rules, 25.01(4)(c)
- Solicitors' Indemnity Insurance Rules, 25.01(4)(b)
- claims, dealing with, guid. 20 [45–53]
- client protection, guid. 21 [3]
- commercial legal advice services, 13.07(b)
- in-house practice, foreign law firms, 13.11(2)(b)
- key regulatory obligations, guid. 5 [15(h)]
- law centres, charities and non-commercial legal advice services, 13.09(1)(e), guid. 13 [25]
- limitation of civil liability by contract, 2.07, guid. 2 [64, 71]
- overseas practice, 15.26, 15 [21]
- recognised bodies, guid. 14 [9, 11(a)]
- salaried partners, guid. 7 [35]
- separate practice through a firm, guid. 13 [14]
- undertakings, guid. 10 [37]
- Solicitors Regulation Authority, duty to, 20.05–20.08, guid. 20 [27–32]
- client confidentiality, guid. 20 [28]
- obstructing complaints, 20.07, guid. 20 [40–1]
- production of documents/information, 20.08, guid. 20 [42–4]
- reporting misconduct/financial difficulty, 20.06, guid. 20 [33–9]
- Standard of service 1.05, guid. 1 [9]
- Statements to the media, guid. 11 [11]
- Stationery
- Supervision, see Business Management
- Third parties, relations with, rule 10
- administering oaths, 10.03, guid. 10 [9–13]
- agreeing costs with another party, 10.02, guid. 10 [7–8]
- behaviour outside legal practice and, guid. 10 [1, 4]
- contacting other party to a matter, 10.04, guid. 10 [14–23]
- dealing with more than one prospective buyer, 10.06, guid. 10 [42–5]
- demands not legally recoverable, guid. 10 [5]
- duties, guid. 1 [5]
- fairness, 10.01, guid. 10 [1–6]
- fees of lawyers of other jurisdictions, 10.07, guid. 10 [46–8]
- European cross-border practice and, guid. 10 [48], 16.06, guid. 16 [14]
- legal representation, dealing with person without, guid. 10 [2–3]
- oaths, administering, 10.03, guid. 10 [9–13]
- overseas practice, 15.10
- personal interests, guid. 10 [4]
- undertakings seeUndertakings
- unfair advantage, not taking, 10.01, guid. 10 [1–6], 23.02, 23 [6]
- Trade mark agent
- legal disciplinary practice, guid. 12 [2]
- Trading debts, guid. 10 [25]
- Trust instrument
- limitation of civil liability, guid. 2 [66–7]
- Trustee company, guid. 14 [27–8], 21.02(1)(g), 21.04(1)(i), guid. 21 [11–12]
- Ultimate beneficial owners
- Undertakings, 10.05, guid. 10 [24–41]
- ambiguous, guid. 10 [34]
- on behalf of client, guid. 10 [35]
- breach, guid. 10 [37]
- dependent upon future event, 10.05(3)
- discharge, 10.05(4)
- enforcement, guid. 10 [31]
- failure to fulfil, guid. 10 [29]
- indemnity insurance, guid. 10 [37]
- irrevocable instructions, guid . 10 [39]
- meaning, 24.01, guid. 10 [24]
- no obligation to give or accept, guid. 10 [26]
- oral, guid. 10 [24]
- outside control of giver, guid. 10 [38]
- outside course of practice, 10.05(1)(c)
- overseas practice, 15.10(2), guid. 15 [16]
- to pay another's costs, 10.05(4), guid. 10 [32]
- "person within the firm", 10.05(1)(b)
- procured by fraud, deceit or misrepresentation, guid. 10 [33]
- promise to give undertaking, guid. 10 [36]
- reasonable time, guid. 10 [28]
- registered European Lawyer, 10.05(1)(d)
- Solicitors Regulation Authority, guid. 10 [30–1, 33–4]
- standard, guid. 10 [40]
- trading debts, guid. 10 [25]
- Undue influence, 2.01(d), guid . 2 [6(c)]
- Unfair advantage, 10.01, guid . 10 [1-5], guid .2 [1]
- Victimisation
- Virtual office
- supervision, guid . 5 [48]
- Voting rights
- Waivers, rule 22
- business management, guid. 5 [43]
- confidentiality and disclosure, 4.06, 22.01(2)(c)
- conflict of interests, 3.23, 22.01(2)(b)
- core duties, 22.01(2)(a)
- equality and diversity, 6.05, 22.01(2)(d)
- overseas practice, 15.22
- persons "qualified to supervise", guid. 5 [43]
- property selling, 18.04, guid. 18 [21], 22.01(2)(f)
- Websites, 7.06, 7.07, guid. 7 [16–24]
- Witnesses
- appearing as, 11.06, guid. 11 [26–9]
- changing evidence, guid. 11 [13(f)]
- child witnesses, 11.08, guid. 11 [31–4]
- evidence you know to be untrue, guid. 11 [13(c)]
- interviewing/taking statements from, guid. 11 [19]
- payments to, 11.07, guid. 11 [30]
- Work colleagues