Q&As

Is a solicitor bound by an undertaking that they cannot complete because the client has changed solicitors?

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Produced in partnership with Peter Steel of Augury Consulting Limited
Published on LexisPSL on 07/01/2020

The following Practice Compliance Q&A Produced in partnership with Peter Steel of Augury Consulting Limited provides comprehensive and up to date legal information covering:

  • Is a solicitor bound by an undertaking that they cannot complete because the client has changed solicitors?

The SRA Glossary defines an undertaking as:

  1. a statement, given orally or in writing, whether or not it includes the word ‘undertake’ or ‘undertaking’

  2. to someone who reasonably places reliance on it

  3. that you or a third party will do something or cause something to be done, or refrain from doing something

The SRA imposes an obligation on solicitors, Registered European Lawyers, Registered Foreign Lawyers and the firm itself to perform all undertakings they give. Undertakings must be performed within an agreed timescale or if no timescale has been agreed then within a reasonable am

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