Communication with the client of another solicitor: an in-house or public sector solicitor

Clause 7.7 of the Guide to Professional Conduct of Solicitors in Ireland states: “A solicitor should neither interview nor otherwise communicate with the client of another solicitor except with that solicitor’s consent …”

Proper professional conduct requires that a solicitor’s client should not be contacted directly by another solicitor. This is sometimes overlooked by solicitors in private practice when dealing with in-house or public sector solicitors. It should be remembered that the employer of the in-house solicitor is usually that solicitor’s client. However, other personnel in an organisation are sometimes contacted directly, despite on-going correspondence with the in-house solicitor and despite that solicitor being on record in proceedings.

When this happens, it is no less frustrating for the in-house solicitor involved than it would be for a solicitor in private practice whose client is contacted directly by another solicitor. This action can affect the proper involvement of the in-house solicitor in a case, and the result can be that the case cannot be properly handled by that solicitor.

All solicitors are urged to abide by proper professional practice and to avoid having a complaint made against them in this context.