Solicitors' Duties and Liabilities, 2nd edition

Author: Roger Billins
Publisher: Law Society Publishing
ISBN: 9781853285196
Published In: December 2009
Format: Hardback , 816 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This authoritative and comprehensive guide examines the principal obligations of a solicitor in private practice. It covers the main areas of operating a practice and the relationship with the client, from commencement to termination of the retainer.

The work provides a thorough analysis of the obligations that solicitors owe to clients, third parties, the court and the State and the liabilities for failing to meet these obligations. In addition to duties that have been created by regulation, the book looks in depth at the many instances where they have been created and extended through common law by decisions of the courts.

The book takes account of all of the recent significant case law in these areas including Marks & Spencer v Freshfields, Hilton v Barker, Booth and Eastwood, and Football League v Edge Ellison. The author offers practical guidance and advice on key topics in this area, including:

the retainer
the solicitor's authority to act for a client
privilege
the duty of confidence
conflicts of interest.

The commentary is supported by a range of supplementary materials including the Solicitors' Code of Conduct and the Solicitors Act 1974.

1. The solicitor's retainer;
2. The authority of the solicitor;
3. A solicitor's fiduciary duty to his client;
4. A solicitor's duty of skill and care;
5. Duty to carry out the retainer personally;
6. Duty to third parties;
7. Public duties and liabilities;
8. Costs;
9. Liens;
10. Matters of practice management;
Appendices: A. Solicitors' Code of Conduct 2007;
B. Solicitors' Accounts Rules 1998;
C. Solicitors' Indemnity Insurance Rules 2008;
D. Solicitors' Indemnity (Enactment) Rules 2009;
E. Solicitors' Financial Services (Scope) Rules 2001;
F. Solicitors' Financial Services (Conduct of Business) Rules 2001;
G. Solicitors' Compensation Fund Rules 2009;
H. Solicitors' Compensation Fund (Foreign Lawyers' Contributions) Rules 1991;
Statutes: A. Courts and Legal Services Act, ss 58, 58A and 58B;
B. Access to Justice Act 1999, ss 29 and 30;
C.The Solicitors Act 1974.

Roger Billins trained at Herbert Smith and is now a partner in the Contentious Rights and Dispute Resolution department of Davenport Lyons, where he specialises in commercial litigation and professional negligence cases. He is also the author of Agency Law.

"Indispensable to the practice of every reputable solicitor and we share Heslett's view that it will become an essential feature on the bookshelves of firms across the country - it is what you need to know!"

Phillip Taylor, barrister, Richmond Green Chambers