Undertakings

Undertakings

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 a solicitor’s undertaking can also be professional misconduct leading to disciplinary action by the SRA or Solicitors Disciplinary Tribunal (SDT).

Definition

An undertaking is:

•
a statement, given orally or in writing (whether or not it includes the word 'undertake' or 'undertaking')
•
to someone who reasonably places reliance on it
•
that you or a third party will do something or cause something to be done, or refrain from doing something

All these component parts must exist for an undertaking to arise.

Distinguishing undertakings from non-enforceable promises

In the vast majority of cases it will be obvious whether an undertaking has been given. Not every statement of intent or promise made by a solicitor is an undertaking. If this were the case, then a promise to return a telephone call could be said to be an enforceable undertaking.

The difficulty is finding the line between an enforceable undertaking and a simple statement of intent or promise. There are no clear rules about

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