This practice note is the Law Society's view of good practice in this area. It is not legal advice.
Practice notes are issued by the Law Society for the use and benefit of its members. They represent the Law Society's view of good practice in a particular area. They are not intended to be the only standard of good practice that solicitors can follow. You are not required to follow them, but doing so will make it easier to account to oversight bodies for your actions.
Practice notes are not legal advice, nor do they necessarily provide a defence to complaints of misconduct or of inadequate professional service. While care has been taken to ensure that they are accurate, up to date and useful, the Law Society will not accept any legal liability in relation to them.
For queries or comments on this practice note contact the Law Society's Practice Advice Service.
The following sections of the SRA Handbook and in the Solicitors Regulation Authority Code of Conduct 2011 apply:
principle 2 – act with integrity
principle 6 – behave in a way that maintains the trust the public places in you, and in the provision of legal services
Outcome 11.01: you do not take unfair advantage of third parties in either your professional or personal capacity.
Indicative Behaviour 11.4: ensuring that you do not communicate with another party when you are aware that the other party has retained a lawyer in a matter, except:
(a) to request the name and address of the other party's lawyer; or
(b) the other party's lawyer consents to you communicating with the client; or
(c) where there are exceptional circumstances.