Who owns what in files? The answer is not entirely straightforward and drawing on the opinion of Counsel the Society has produced this guidance which we hope will deal with the main queries which arise
The Opinion of Senior Counsel regarding requests by lenders or their solicitors for copies of files.
When a solicitor takes control of files from another solicitor for any reason and in any situation (including but not limited to receipt of files either in implement of a Mandate or where files are taken over from a ceased practice) the solicitor receiving the files should keep a record of all the files received.
Electronic storage of files may be a practical way of dealing with storage.
Written email and social media policies intimated in writing to everyone in the practice unit is good risk management. They should be reviewed regularly and link to other relevant practice unit policies (for example, E-Communications, Business Continuity, Equal Opportunities, Bring Your Own Device, IP/copyright infringement or IT Security Policies etc.).
Where a solicitor is asked to lend titles or other documents to another solicitor a fee may properly be charged for such lending to cover both the delivery and return of the documents