Thursday, 13 August 2009
Do overseas Lawyers require Indemnity Insurance to practice in overseas jurisdiction?
Rule 15.26 of the Solicitors’ Code of Conduct which provides that where a practising solicitor is working in a law firm based overseas they are required to ensure that they are covered by insurance or other indemnity against professional liabilities. The requirement to have insurance arises where a solicitor is relying on that professional qualification, rather than on the area of work they are undertaking. It is not therefore an automatic requirement to have professional indemnity insurance in order to advise on English law if you were not providing the advice as a solicitor of England and Wales. Giving legal advice is not an area of work which is reserved to a certain class of persons, including solicitors under the Solicitors Act 1974.
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