Undertakings

Question 1

What are undertakings?

Answer 1

Enforceable promises by a solicitor or firm to do something or refrain from doing something

Question 2

Why are undertakings significant?

Answer 2

Because they are binding on the solicitor that makes an undertaking

Question 3

What happens if a solicitor does not complete an undertaking?

Answer 3

They face disciplinary action for professional misconduct or they may be sued by the party that relied on it

Question 4

What can be classed as an undertaking?

Answer 4

Any statement made by a solicitor to do or not do something.

Question 5

True or False:
A solicitor must perform all undertakings within an agreed timescale or a reasonable amount of time

Answer 5

True

Question 6

True or False:
An undertaking does not necessarily bind the solicitor and must be given in writing

Answer 6

False. It is always binding, regardless of how it is delivered

Question 7

What is important for a solicitor to remember when dealing with undertakings?

Answer 7

That they are NEVER obliged to give one and that, if they do give one, they should keep a record of the undertaking before and after completion