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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Solicitors' Duties and Liabilities 2nd ed


ISBN13: 9781853285196
Previous Edition ISBN: 0752006908
Published: December 2009
Publisher: Law Society Publishing
Country of Publication: UK
Format: Hardback
Price: £150.00



Low stock.

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, previously published by Sweet & Maxwell, 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.

Subjects:
Professional Negligence, Professional Conduct and Ethics
Contents:
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.