Q and As

Our Q and As are examples of some of the recent questions that the Practice Advice Service has helped solicitors with. If you cannot find the answer you need, contact us.

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I found an error in a client file. What should I do?

I took over a file and spotted an error which has the potential to cause the client loss if it cannot be corrected. What are...

What is a politically exposed person (PEP)?

Is the chief executive of a local authority a politically exposed person under the Money Laundering Regulations 2017?

Can I administer a statutory declaration if I’m not currently working?

I’m a recently qualified solicitor with a practising certificate. However, I’m not currently working. Can I administer a statutory declaration for a neighbour?

When is an executor entitled to the original will of a deceased client?

My firm drafted and holds the will of a recently deceased client. When is an executor named in a will entitled to the original will?

How do I request a client’s medical records?

I need to access my client’s health records to proceed with a case. Where can I get a copy of the Law Society and British...

Is outlining our reporting obligations in client care letters ‘tipping off’?

We would like to include a paragraph about our AML reporting obligations in our terms of business. Would this contravene the ‘tipping off’ provisions?

How long should I retain my closed files in storage?

How long should I retain my closed files in storage?

When can a lasting power of attorney be used?

Can a registered lasting power of attorney (LPA) be used whilst the donor still has capacity?

What steps can I take to avoid future disputes between tenants in common?

I act for an unmarried couple purchasing a property as tenants in common. Is it advisable to specifically agree each party's share to avoid future...

I act for a client who has made no payment on account of costs. Can I terminate the retainer?

I act for a client in a contentious matter. The client has made no payment on account despite several requests to do so. Our terms...

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