A solicitor’s undertaking is a commitment by a solicitor to do something, cause something to be done or abstain from doing something. It can be given orally or in writing and does not have to include the word “undertake” or “undertaking”. The benefiting party must reasonably place reliance on it.
What is solicitor’s undertaking?
An undertaking is a commitment by a solicitor to do something. It can be enforced against the solicitor by the courts. Failure to comply with an undertaking can also be professional misconduct leading to disciplinary action by the SRA or SDT.
What constitutes a legal undertaking?
An undertaking is a promise made by a solicitor upon which the recipient is entitled to rely and depending on the circumstances, which binds the solicitor or solicitor’s client or both. Undertakings are obligations that lawyers pledge themselves or their clients to honor.
What is a contractual undertaking?
Definition. Contractual Undertaking. A commitment, defined in a Contract, in which one Party to that Contract undertakes to do something or to deliver something or make some payment, to the other Party.
How do I make a legal undertaking?
They recommended that undertakings be:
- Specific – as to action, timescale, who is giving it, to whom it is given;
- Measurable – in other words there are agreed steps or outcomes that will demonstrate when the undertaking has been performed;
- Agreed – in a form that both parties are happy with;
Can a non solicitor give an undertaking?
When giving an undertaking, you must ensure your status and position within the firm are made clear to the recipient. Undertakings may not be accepted where they are not given by a solicitor.
Can an in house solicitor give an undertaking?
There is no prohibition on anyone giving an undertaking, but you need to ensure that you are authorised by your employer to give an undertaking. If you are so authorised, you must not hold it out to be a solicitors’ undertaking, and ensure that you are clear as to your status.
Are undertakings enforceable?
Enforceable undertakings are undertakings given to us (and accepted by us) which are enforceable in a court. They are generally accepted by us as an alternative to civil or administrative action where there has been a contravention of the legislation we administer.
Does an undertaking need to be in writing?
The key problem with undertakings is that no particular formalities or specific words are needed to create one. They don’t even need to be written down.
Should an undertaking be witnessed?
As a result, you should ask all witnesses involved in the proceedings to sign a confidentiality agreement and undertaking. Doing this ensures they’re under no illusions as to what’s expected of them; for example, that they: must treat the matter confidentially (both inside and outside of your organisation)
What is difference between representations and undertakings?
What is the difference between a representation, a warranty and an undertaking? Each of these terms has various meanings. In the phrase “represents, warrants and undertakes”, the important difference is between a representation and a warranty, while “undertakes” may be redundant.
Is an undertaking a business?
Businesses are usually enterprises operated with the aim of making a profit, and ‘have a degree of organisation, system and continuity’. Undertakings usually have ‘elements of organisation, systems and possibly continuity, but are usually not profit-making or commercial in nature’.
What is the difference between contract and undertaking?
is that undertaking is specifically, the business of an undertaker, or the management of funerals while contract is an agreement between two or more parties, to perform a specific job or work order, often temporary or of fixed duration and usually governed by a written agreement.
Is there an alternative to an undertaking?
As an alternative, the recipient could insist that any undertaking is given personally by a solicitor within the organisation. This may be a simpler and more effective solution. In such a scenario, solicitors would fulfill a specific role within a firm, as the person who will ensure undertakings are fulfilled.
How long do undertakings last?
An Undertaking will be for a fixed period of time, usually 6 months. Undertakings, when offered by a Respondent, are done so on the basis that no admissions of the allegations are made and no Finding of Fact against a Respondent in relation to allegations is made by the Court.