Have my instructions – and my number


Office flirt: relationships with clients are not banned but raise several issues

Q. I am acting for a client in connection with his divorce which is at an early stage of the proceedings. He has now asked me out, but I am not sure whether it would be appropriate to agree. What is the SRA’s position on this?

A. The rules of conduct do not prohibit a solicitor having a relationship with a client per se, but you cannot act if your duty to act in the best interests of the client conflicts with your own interests, or there is a significant risk that they may do so (rule 3.01(2) of the Code).

This could happen, for example, if you were acting in connection with the financial settlement whilst cohabiting or planning to cohabit with the client, since this would be likely to have an indirect impact on your own financial position.

In addition, you need to be able to act both with integrity, and in the best interests of the client (rules 1.02 and 1.04 of the Code). You need to consider carefully, therefore, whether a relationship with the client could impair your ability to give the client independent and impartial advice (see rule 3, guidance notes 47 and 48).




Leave a Comment

By clicking Submit you consent to Legal Futures storing your personal data and confirm you have read our Privacy Policy and section 5 of our Terms & Conditions which deals with user-generated content. All comments will be moderated before posting.

Required fields are marked *
Email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Blog


Reshaping workplace culture in law firms

The legal industry is at a critical point as concerns about “toxic law firm culture” reach an all-time high. The profession often prioritises performance at the cost of their wellbeing.


Will solicitors finally be fans of transparency now?

Since the introduction of the SRA’s transparency rules in December 2018, I have been an advocate for law firms going further then the regulatory essentials.


A two-point plan to halve the size of the SRA

I have joked for many years that you could halve the size (and therefore cost) of the Solicitors Regulation Authority overnight by banning both client account and sole practitioners.


Loading animation