Q&As

I am acting for a client in two related matters with the same third-party. The third party has a solicitor for one matter but my client wishes me to write directly to the third party on the second matter. Can I do this?

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Published on LexisPSL on 08/01/2020

The following Practice Compliance Q&A provides comprehensive and up to date legal information covering:

  • I am acting for a client in two related matters with the same third-party. The third party has a solicitor for one matter but my client wishes me to write directly to the third party on the second matter. Can I do this?

We are not aware of any guidance from either the Law Society or the Solicitors Regulation Authority (SRA) on this particular point, but the SRA requires that you do not abuse your position by taking unfair advantage of others.

Guidance to rule 10 of the Solicitors’ Code of Conduct 2007 (the 2007 Code of Conduct) expanded on this. While this no longer forms part of the SRA Standards and Regulations, it is a useful summary of the issues involved:

‘Particular care should be taken when you are dealing with a person who does not have legal representation. You need to find a bala

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