CH229200 | How to do a compliance check: information powers: rules that apply to all notices: relevant lawyers

Before you start along the process of sending an information notice to a relevant lawyer you must follow the guidance at CH910000. Make sure you make a submission on form TAA1, and include a draft schedule of information and documents proposed.

Similarly, follow this guidance and make a submission before taking any steps to issue an information notice to a person other than a relevant lawyer for information and documents relevant to the liability of a relevant lawyer. This is not required by the law but has been introduced to avoid inappropriate requests for information which may be covered by the restrictions in Paragraphs 18-28, Sch36, FA08 - see CH22000.

A relevant lawyer is any one of the following:

• a barrister

• a lawyer

• an advocate (that is, a member of the Faculty of Advocates in Scotland)

• a solicitor

• a registered foreign lawyer or a European lawyer

• any other legal representative, communications with whom may be the subject of a claim to professional privilege in accordance with section 190, Legal Services Act 2007 (such as a licensed conveyancer, a trade mark or patents attorney, a legal executive or a law costs draftsman)

A relevant lawyer is not obliged to deliver or make available, without the client's consent, documents which are covered by legal professional privilege, see CH22240.