Solicitors' Duties and Liabilities - 2nd edition
ISBN: 978-1853285196
It is with a certain amount of disappointment that I write this review. Disappointment, not with the author Roger Billins '“ whose second edition of this book achieves the remarkable goal of comprehensively yet concisely examining the responsibilities and obligations owed by solicitors to their clients and others '“ but disappointment that having been published little over a year ago, large parts of the text will need a complete overhaul before October of this year when the SRA's new code of conduct and its outcomes-focused approach to regulation takes effect.
Not that this eventuality was unforeseen by the author, his preface predicts as much, as does the foreword from the former president of the Law Society, Robert Heslett.
This book, and its successive editions, will undoubtedly prove an invaluable addition to the professional indemnity specialist's library, moving seamlessly as it does between those duties created by regulation and those created by law (both contractual and tortious). However, its attractions are far greater than that.
The content of each chapter, there are nine in total plus appendices, is accessible and well structured. Verbosity is not an affliction this author suffers from. Each topic is addressed clearly and succinctly and only the salient points are extracted from the most relevant case authorities referenced.
The chapter on the solicitor's fiduciary duty to his client, which addresses the issues of confidentiality and privilege, deserves special mention in light of its measured and structured approach to what can be daunting aspects of the law, particularly for the uninitiated. As with all of the chapters in this book, it is thoroughly researched and written in a style which lends itself well to readers of varying experience and expertise. The book works equally well as both an aide memoire or reference point for the seasoned practitioner and as an introduction to the area for those new to the profession. In light of what is to come, a third edition is awaited with interest.