Guidance
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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
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The Opinion of Senior Counsel regarding requests by lenders or their solicitors for copies of files.
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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.
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Electronic storage of files may be a practical way of dealing with storage.
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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