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A client needs to swear an affidavit. Can a solicitor colleague administer the oath?
I act for the claimant in a litigation matter in which he needs to swear an affidavit. Is a solicitor colleague in another department able to administer the oath?
Practice Direction 32 of the Civil Procedure Rules states that 'an affidavit must be sworn before a person independent of the parties or their representatives'.
Further, s.183(3) of the Legal Services Act 2007 provides that 'a relevant authorised person may not carry on the administration of oaths in any proceedings in which that person represents any of the parties or is interested' and Outcome 11.4 of the SRA Code of Conduct 2011 provides that 'you properly administer oaths, affirmations, or declarations where you are authorised to do so'.
In the circumstances, as your firm represents this client, you should advise him to go to an independent firm or court-appointed official to have the affidavit sworn.
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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