(1) Solicitors to return documents if unable to give the undertaking required
(a) Failure to honour an undertaking amounts to professional misconduct.(b) Where payments or documents are sent to a Solicitor subject to an undertaking or subject to conditions, the Solicitor shall promptly return such payments or documents to the sender if the undertaking or any of the conditions is/are unacceptable to the Solicitor.
(2) Solicitor not to impose or request unreasonable undertakings or conditions
No Solicitor shall impose on or request from another Solicitor any undertaking or condition which is unreasonable in the circumstances or the performance of which is beyond the control of that other Solicitor.
(3) Disclaimer in e-mails
A law firm is prohibited from inserting a disclaimer at the foot of its e-mails to the effect that undertakings given by e-mail purporting to bind the firm shall not be valid unless the undertakings are confirmed in writing by letter on the firm’s letterhead and signed by a partner or partners of the firm.
(Updated as at 8 June 2015)