you should only give an undertaking if you have (2)
- your client’s express authority to do so; and
- it is within your control
Should you give an undertaking for something outside of your control?
No, you should never give an undertaking for something outside your control, as a failure to comply with it is a matter of professional misconduct.
the subject matter of the undertaking must be
within your control
Conflicts of interest
a solicitor should not act where there is an own interest conflict or a significant risk of such a conflict
What should you do if a client seeks to appoint you as their executor?
potential own interest conflict - the solicitor must ensure that the client has made the decision to appoint them on a fully informed basis, having explained the options available to the client as to the choice of executor and recording the advice that has been given.
When drafting a will, you must ensure that you only take instructions from
the testator
failure to honour an undertaking amounts to
professional misconduct
