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Joshua, Lawyer
Category: Law
Satisfied Customers: 29202
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Please provide CPR Rules or Solicitors Code of Conduct with

Customer Question

Please provide CPR Rules or Solicitors Code of Conduct with provisions allowing solicitors to charge hourly rate and act in a private capacity when executing public documents?
Submitted: 15 days ago.
Category: Law
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

are you able to kindly clarify what you refer to by executing " public documents" specifically please?

Expert:  Joshua replied 15 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms a solicitor is entitled to charge fees either under the terms of a contract negotiated with a private client which is subject to regulatory rules, in particular the solicitors regulation authority's price transparency regulation. A solicitor is also entitled to charge so-called statutory fees in respect of the swearing or execution of certain specific classes of document such as for example, a statutory declaration or certifying a power of attorney. Such costs are determined by statutory fees prescribed in legislation

I hope the above is of some assistance but if you have any further questions, please revert to me

Customer: replied 14 days ago.
Can solicitors act in a private capacity while acting as solicitors?
Can a solicitor who is employed by a law firm execute the documents in public domain in his/her private capacity?
Expert:  Joshua replied 14 days ago.

I will need to ask for a more detailed explanation of precisely what you are referring to above. Specifically what documents, and in what capacity are they acting? Selling their services as a solicitor outside of their employment? It may be helpful if you can explain the circumstances that have occurred. It is difficult to answer abstract questions of this nature particularly when terms are used which may be understood by you in terms of what they mean but are not definitive

Customer: replied 14 days ago.
Can a conveyancing solicitors who is a partner in the law firm sign and execute TR2 form (Land Registry form) and Power of Attorney in his/her private capacity (private meaning here not professional /public capacity) to change the Land Registry Register?
Expert:  Joshua replied 14 days ago.
  1. Thank you for the clarification. This is a document that enables a lender to transfer a property under a power of sale under a mortgage they hold. Did he act as a witness or did he sign the document as the lender?
  2. If the latter, was he the lender or if not did he hold power of attorney for the lender?