§ 3.18 p.m.
§ Lord SUDELEYMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ The Question was as follows:
§ To ask Her Majesty's Government whether they are satisfied that the various functions performed by solicitors in their various capacities as sheriffs' officers, notaries public and commissioners for oaths cause no conflict of interest with their professional relationships with their clients.
§ The LORD CHANCELLOR (Lord Elwyn-Jones)My Lords, I am not aware of any case in which there has been a conflict of interest. But if the noble Lord can provide me with details of any case I shall be very glad to look into it.
§ Lord SUDELEYMy Lords, I am most indebted to the noble and learned Lord for his generous Answer. When I make available to him the papers which he so kindly offered to examine, will he consider them on the basis that the writ of fieri-facias, being a command of the Sovereign, should outweigh any duties which a solicitor should owe to his client? Further, will he consider whether solicitors who are sheriffs' officers should undertake litigation, because cases of the kind to which my attention has been drawn may arise?
§ The LORD CHANCELLORMy Lord, I shall certainly consider those interesting matters. In fact, I would have expected, if there was a conflict of interest in the kind of case to which the noble Lord has referred, that another solicitor would be consulted by the client, and the solicitor in question would give him that advice. That, I suspect, is what the Law Society would advise him to do. I shall look into this question, although I am bound to say that I have no responsibility for under-sheriffs and their performance of their duties. It is the high sheriffs who have that responsibility.