Q&As

In what circumstances might a solicitor be able to contact another lawyer's client directly?

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Produced in partnership with Peter Steel of Bevan Brittan LLP
Published on: 22 November 2022

The current SRA Standards and Regulations (STaR) are silent as to whether a solicitor is entitled to contact the client of opposing solicitors in any circumstances, though to do so runs the risk of a breach of paragraph 1.2 of the Code of Conduct for Solicitors, RELs and RFLs:

'1.2 You do not abuse your position by taking unfair advantage of clients or others.'

In contrast, the Bar Standards Board and the Law Society of Scotland are explicit that a barrister or Scottish solicitor should not contact the client of another solicitor or legal representative directly.

The Bar Code of Conduct gC24 states:

'…where the other side is legally represented and you are conducting correspondence in respect of the particular matter, you are expected to correspond at all times with that other party’s legal representative –otherwise you may be regarded as breaching CD3 or Rule C9.2'

Paragraph 8 of the Law Society of Scotland Standards of Conduct states:

'8. Relations between

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