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

Clause 7.7 of the Guide to professional conduct of solicitors in Ireland states: 'A solicitor should neither interview or otherwise communicate with the client of another solicitor except with that solicitor's consent...'

It is accepted that proper professional conduct requires that a solicitor's client should not be contacted directly by another solicitor. This is sometimes over-looked by solicitors in private practice when dealing with in-house corporate or public services 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 the in-house solicitor being the solicitor on record in a litigation manner.

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 can not be property handled by that solicitor.

All solicitors are urged to abide by proper professional practice in this regard.