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Category: Property Law
Satisfied Customers: 1015
Experience:  Expert
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Can a conveyancing solicitor who is a partner in a firm act

Customer Question

Can a conveyancing solicitor who is a partner in a firm act in his/her private capacity and execute Power of Attorney,sign TR2 form in a private capacity and change the Land Registry Register?
Submitted: 7 days ago.
Category: Property Law
Expert:  MarianC replied 7 days ago.

Good afternoon, yes that is possible, as long as they are not also signing the Transfer in another capacity.

Kind regards


Customer: replied 7 days ago.
How is it possible for a conveyancing solicitor who is licensed to be a solicitor to work for a firm of solicitors as a partner and execute documents not in his/her professional capacity as as a solicitor but as a private citizen?
Can you as a solicitor on provide answers in your private capacity?
Expert:  MarianC replied 7 days ago.

Perhaps the firm is carrying out the work for them as a client and not as a working solicitor. I would not have access to this site in my private capacity.

Expert:  MarianC replied 7 days ago.

what has happened that you disagree with?

Customer: replied 7 days ago.
What is the difference between the client and the working solicitor when it comes to execution and registering of the public documents?
Expert:  MarianC replied 7 days ago.

The working solicitor can also be a client. The solicitor can deal with their own personal matters.

Customer: replied 7 days ago.
To clarify working solicitor is any solicitor working for a law firm?
How working solicitor becomes a client?
How solicitors can deal with their own personal matters? Is there anything in CPR rules or SRA Code of Conduct about it?
Expert:  MarianC replied 7 days ago.

Solicitors also have lives, sometimes they have do their own personal legal work such as family LPA's or Wills or conveyancing, all of these things.

It is not prohibited. It is a matter for the firm if anything.

Customer: replied 6 days ago.
We all have lives.
Firm is in a public domain and exists to do business in public.
There is no need for a licence if someone is to act in private capacity.
If you are a licensed professional it means you must act in professional capacity and in public at all times.
If solicitors want to prepare a will for themselves and their family as solicitors this also must be done in apublic capacity.
You cannot sign or execute anything as a solicitor employed by the law firm in a private capacity.
Please provide CPR Rules or Solicitors Code of Conduct whith provisions allowing solicitors to charge hoiry rate and act in a private capacity?
Expert:  MarianC replied 6 days ago.

I am afraid that I do not have time at the moment to research your question, however, I suggest you raise a complaint with the firm who will be able to respond to you fully.

Expert:  MarianC replied 6 days ago.

Do you need further assistance?