Freelance legal work alongside part-time in-house role

[Wizotto]

I have a part-time in-house commercial solicitor role. I have since been asked if I can provide legal advice to a friend's start-up on an ad hoc basis. I would be paid for this so it would not come under the free advice exemption. Has anyone done this and what would I need to do (expecting to have to take out PI insurance for this)? Any tips?

1. Check your employment contract as it might prevent it.
2. I am not sure of the regulatory side. Will be relevant whether you do or don't have a practising certificate for your in house solicitor role? (Eg if not got a PC and not held out as solicitor you might be a legal adviser and lots of people who were solicitors will give legal advice but not as a solicitor these days)

It all depends on the capacity in which you are acting. If you are providing legal advice as solicitor sole practitioner, then you will need SRA authorisation, PC and PII. If you are acting only as legal advisor and not holding yourself out as a solicitor, then you may only need to register with HMRC as self-employed. However, the client may require PII. Best thing to do is speak to the SRA.

That sounds right to me. The issue in my head was though if you are on the roll of solicitors and have a practising certificate for your in house work could you at weekends as a separate business say I am not here a solicitor and not held out as such in the same way you might give acupuncture or teach tennis at weekends. Can you kind of disassociate yourself from your main day job if your weekend job is giving legal advice? May be you can if you are carefully to make sure you don't use the word solicitor for that legal adviser role outside your work.