Who can give an undertaking?
Undertakings are given on behalf of the firm and not an individual. You should only give an undertaking if you are duly authorised by your firm to do so. If you are so authorised, you must ensure you comply with any procedures your firm has in relation to undertakings.
Can a trainee solicitor certify documents?
A trainee solicitor cannot certify as a ‘solicitor’. The person required to certify a document will sometimes be specified under relevant legislation or formal guidelines produced by the body requiring the certified document.
Who can give an undertaking SRA?
Professional obligation to perform undertakings
The SRA imposes an obligation on solicitors, Registered European Lawyers (RELs), Registered Foreign Lawyers (RFLs) and the firm itself to perform all undertakings they give.
Can a solicitor give an undertaking to an individual?
Clearly the purpose of seeking the individual undertaking is to make that individual solicitor personally liable. A solicitor will need to satisfy themselves that the undertaking is clear as to its wording (as it will be construed against the giver) and that they are able to control its performance.
When should a solicitor give an undertaking?
An undertaking by a solicitor to do something. The undertaking should only be given if it is within the solicitor’s power to perform the task required by the undertaking. Breach of a solicitor’s undertaking is a matter of professional misconduct.
Can a solicitor give an undertaking to a non solicitor?
Not every undertaking given by a solicitor will be a “solicitor’s undertaking”. The mere fact that it is given by a solicitor does not make it so. The generally accepted test is whether the undertaking is given by the solicitor in his or her “capacity as a solicitor”.
Do trainee solicitors have rights of audience?
Since the great majority of family proceedings in the Family Court and the High Court is conducted in private, the effect of these provisions is that, in practice, solicitors, legal executives and trainee solicitors are normally able to exercise rights of audience in such proceedings as of right.
Can trainee solicitors give legal advice?
Yes, most trainees get client contact, but they are usually just in contact with someone to ask for documents, arrange meetings, get things signed off etc. … Only at high-street and legal aid practices do trainees regularly give direct advice to clients (usually individuals), and even this will be supervised.
What can a trainee solicitor do?
Usually the trainee on the deal will be tasked with liaising with local counsel which involves checking for updates, reviewing their documents and giving the “greenlight” for execution. For example, you could be working on a deal spanning across 78 jurisdictions!
Is there an alternative to an undertaking?
In short, recipients, particularly lenders, will need to be more careful to ensure that the undertakings are properly binding on the entity. As an alternative, the recipient could insist that any undertaking is given personally by a solicitor within the organisation. This may be a simpler and more effective solution.
Can a solicitor give an undertaking for a client?
An undertaking is a commitment by a solicitor to do something. It can be enforced against the solicitor by the courts. Failure to comply with an undertaking can also be professional misconduct leading to disciplinary action by the SRA or SDT. See Practice Note: Undertakings and the SRA 2019.
Can solicitors accept gifts from clients?
There is no absolute rule against accepting a small gesture from a well-meaning client. However, accepting a significant gift may not be wise. … It may help to make a note of what the gift is, whether it was accepted or declined, and the reasons why.
What happens if a solicitor breaches an undertaking?
A breach of an undertaking can lead to disciplinary proceedings and would normally result in a rebuke or a fine by the SRA under its internal disciplinary powers (in less serious cases) or a fine by the Solicitors Disciplinary Tribunal (in more serious cases).
Do undertakings need to be witnessed?
Undertakings are a fundamental part of the practice of a solicitor and their importance cannot be stated too strongly. It is essential that they be observed whenever they are given and so should only be given when it is clearly possible for them to be honoured.
Is an undertaking legally enforceable?
Undertakings are a legally binding promise which carry severe consequences if breached. You should only make an undertaking if you are certain that you are capable of adhering to the terms of the undertaking.