To avoid difficulties at the accounts assessment stage, where an unqualified person has been delegated a particular task, an appropriate note including the instructions given by the qualified solicitor should be recorded on the file.
The following sections deal with the use of unqualified staff in giving advice and where representation is being provided under ABWOR.
The definition of advice and assistance excludes unqualified staff from providing either advice or representation. Only a solicitor or, where appropriate, counsel can provide advice and assistance.
Unqualified staff may gather information for you, or pass on your advice. Whilst they may have specific tasks delegated to them, those tasks must not involve giving advice to the client which has not been formulated by a solicitor. Where you have delegated a task to unqualified staff, such as drafting a document, we may ask you to clarify whether you have had any input to framing, revising or signing the document.
The following are some examples of appropriate and inappropriate use of unqualified staff:
Examples of appropriate use of unqualified person
Examples of inappropriate use of unqualified person