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.
All of the SRA Code is relevant to this issue, but particularly:
- Chapter 4 on Confidentiality and disclosure
- Chapter 7 on Management of your business
There are ten mandatory principles which apply to all those the SRA regulates and to all aspects of practice. The principles can be found in the SRA Handbook.
The principles apply to solicitors or managers of authorised bodies who are practising from an office outside the UK. They also apply if you are a lawyer-controlled body practising from an office outside the UK.
You must take into account all of the SRA's principles when you or your practice are thinking about entering an outsourcing arrangement and ensure that any arrangement does not prevent you from adhering to any of the principles. You should always bear in mind what the ten principles are and use them as your starting point when implementing the outcomes.
The following principles are particularly relevant to outsourcing arrangements:
- Principle 5- provide a proper standard of service to your clients
- Principle 7- comply with your legal and regulatory obligations and deal with your regulators and ombudsmen in an open, timely and co-operative manner
- Principle 8- run your business or carry out your role in the business effectively and in accordance with proper governance and sound financial and risk management principles