The Practical Lawyer

’Best endeavours’ is more onerous than ‘reasonable endeavours’:

‘There may be a number of reasonable courses which could be taken in a given situation to achieve a particular aim. An obligation to use reasonable endeavours to achieve the aim probably only requires a party to take one reasonable course, not all of them, whereas an obligation to use best endeavours probably requires a party to take all the reasonable courses he can.’

The Solicitor’s Handbook 2008 is a new publication from the Law Society. In effect, it is a modern replacement for the Guide to Professional Conduct.

The 2007 Code of Conduct says:

‘You must give your client the best information possible about the likely overall cost of the matter both at the outset and when appropriate, as the matter progresses.’ (2.03).

An excellent note from the Zurich makes the point that a solicitor who gives a financial undertaking is effectively pledging the firm’s credit and acting as guarantor for the client.

A recent High Court decision has made it clear that you cannot cease acting for a client merely because the client has rejected your advice. According to the High Court:

How do you treat surplus interest on client money for VAT purposes? If you treat it as ‘exempt’ income then you could be eligible for a VAT refund.

The Law Society will not be creating a category of ‘affiliate’ members (although only 12% of solicitors voted); see [2008] LSG 30 October 3.

Two pieces of legislation should make it easier to deal with small claims in EU countries:

• the European Order for Payment comes into force on 12 December (see CPR78 and PD78).

We all know there are a few, limited circumstances where solicitors are legally obliged to provide information to the regulatory authorities (eg Proceeds of Crime Act, Terrorism Act). Subject to such exceptions, the overriding principle is that there is a duty of confidence to the client.

If you have the misfortune to be investigated by the SRA, then the key advice is: