Book Reviews

Solicitors' Duties and Liabilities

Publisher: Law Society Publishing

Author: Roger Billins

Price: £130.00

Edition: 2nd Edition (December 2009)

ISBN: 978-1-85328-519-6

Buy from Law Society Publishing: Click Here

It has been ten years since the first edition was published by Sweet & Maxwell.  During that time, Solicitors' Duties and Liabilities has changed publishers to Law Society Publishing and there is a new edition covering the considerable regulatory and case-law changes.  Impressively, those developments have seamlessly been incorporated into this clear and concise account of a solicitor's obligations and responsibilities.

Written by an experienced commercial litigator, Roger Billins, Solicitors' Duties and Liabilities is split into nine chapters: the solicitor's retainer; the authority of a solicitor; a solicitor's fiduciary duty to his client; a solicitor's duty of care and skill; duty to third parties; public duties and liabilities; costs; liens; and matters of practice management.  It also includes ten appendices including the Solicitors' Code of Conduct 2007, the Solicitors' Account Rules 1998 and the Solicitors Act 1974.  Robert Heslett says, in his foreword, that he is sure that this text will become an "essential feature on the bookshelves of firms across the country."  Having such a comprehensive coverage will no doubt help.

Solicitors' Duties and Liabilities is well-organised and has an excellent index allowing the relevant text to be quickly found.  Each chapter is also concise and well-written meaning points are quickly explained: this is invaluable to busy practitioners.  Very good use is made of sub-headings and numbered lists to ensure the key points and brought to the reader's attention.  Where relevant, key principles from the leading cases are also explained.  For example, when discussing professional indemnity claims, Billings explains the important practical principles arising out of cases including Bristol & West Building Society v  Fancy & Jackson [1997] 4 All ER 582 and South Australia Asset Management Corp v York Montague Limited [1997] AC 191.  Such cases will no doubt be important for the current raft of litigation.

The substantial regulatory changes over recent years and the recession, which often brings an increase of litigation against solicitors, means the timing of Solicitors' Duties and Liabilities is extremely welcome.  It achieves an excellent balance by covering the basic legal principles in one handy resource but at £130, it may be a little pricey.  If, however, the author does update the text to the same standard on a regular basis (as suggested by the author), it is likely that Solicitors' Duties and Liabilities will become, as Heslett suggests, an essential feature on the bookshelves of law firms, and their insurers, across the country.

Reviewed on 28 February 2010

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