LawServa Undertakings

Undertakings in LawServa is the firm's register of every professional undertaking given by the firm and every undertaking received from another party, recorded against the matter it arose on. It shows what the firm has promised, what it is waiting on, what is due soon and what is overdue, and it keeps a record of who discharged each one and how. It is used by lawyers, partners, clerks and anyone who records or follows up undertakings on a file.

Under Bar Council Ruling 14.09, failure to honour an undertaking amounts to professional misconduct, and an undertaking binds the firm however junior the person who gave it. The ruling does not require a register; this one exists so nothing given in a hurry is forgotten.

Before You Start

• Undertakings is a tab of Matters under Files. Anyone who can view matters can open the register.
• To record or amend an undertaking you need permission to edit matters.
• Recording an undertaking as discharged or withdrawn is reserved to lawyers and partners. For an undertaking given by the firm, it is further limited to the solicitor who gave it, the partner responsible for the file, or somebody with approval authority over that solicitor.
• The matter must already exist and be open to you. Files behind a confidentiality wall you are outside do not appear in the matter list.

The Register

The register opens on Outstanding undertakings. Use the strip under the heading to switch between Outstanding, Discharged, Withdrawn and All.

To narrow the list:

1. Type in Search: a bank, firm, matter number, client or words from the undertaking.
2. Choose a Direction: Both, Given by This Firm or Received from Another Party.
3. Press Filter.

You can also open the register from a matter's own page, which filters it to that matter and shows every status. Press Show the whole register to go back to the full list.

Recording an Undertaking

Record it the day it goes out, in the words actually used.

1. Open Files > Matters, then the Undertakings tab.
2. Press New Undertaking. The Record an Undertaking dialog opens.
3. Choose the Matter.
4. Under Who Gave It, choose Given by This Firm or Received from Another Party.
5. In To or From, name the other party, for example a bank or another firm.
6. For an undertaking given by the firm, choose the Solicitor Who Gave It.
7. Enter What Was Undertaken in full, then the Date Given and, if one was fixed, the To Be Performed By date.
8. Press Record It.

If the matter is already closed, the undertaking is still recorded, but you are warned that the file is on no working screen and advised to reopen it if it is still live.

Reading a Letter for the Promise

Where your firm has AI switched on, the dialog has a Read a Letter for the Promise section. Paste the letter in and ask the assistant to find the undertaking in it. Press Use It to put the proposed wording into What Was Undertaken. It reads the letter only and records nothing; you still fill in the fields and press Record It. An undertaking recorded this way carries an AI-read wording pill in the register and on the PDF, so always check the wording against the letter itself.

Opening and Amending an Undertaking

1. Press Open on the row.
2. The dialog shows What the record says: the saved wording and the date for performance.
3. Correct the fields below it as needed.
4. For a given undertaking, if you change the wording, the date for performance or who gave it, fill in Reason for the Change, for example the other firm's letter agreeing it.
5. Press Save Changes.

Only the solicitor who gave the undertaking, the file's partner or somebody with approval authority over that solicitor can change those three things on a given undertaking. Anyone who can edit matters can correct the other party and the date given.

Every change is kept. The row shows an Amended pill, and the dialog lists each amendment under Amendments with who made it, when, what each field said before and the reason given.

Discharging or Withdrawing an Undertaking

1. Press Open on the row.
2. Under Record It As, choose Discharged: It Was Performed or Withdrawn: Released, or It Never Took Effect.
3. In How, say what was done, or who released it and how.
4. Under Proof On File, choose the document on the matter that proves it, such as a courier receipt, an acknowledged copy or a release letter.
5. Press Discharge It.

How is required unless you choose a document as proof. A withdrawal always needs a note of who released it.

Reminders and Warnings

• Overdue undertakings are counted in the alerts panel beside the register, and a matter's page warns when its undertakings are past the date.
• Outstanding undertakings given by the firm that have a To Be Performed By date are included in the reminder email to the solicitor who gave them, or to the file's partner or handler if no solicitor is named, as the date approaches and once it has passed. Received undertakings are not included in the reminder email.
• A matter cannot be closed while it still has an outstanding undertaking. Discharge it or record it as withdrawn first.

Exporting and Printing the Register

Press Download PDF for the Undertakings Register as an A4 document. It uses the filter currently on screen and shows it at the top, with the number of entries, how many were given by the firm, how many were received, how many are overdue and who prepared it. Each entry lists the date given, matter, parties, wording, due date and status. Press CSV beside it to download the same list as a spreadsheet, or Print to print the page.

Frequently Asked Questions

Why Can I Not Discharge an Undertaking?

Only lawyers and partners can record an undertaking as discharged or withdrawn. For one given by the firm, it must be the solicitor who gave it, the file's partner or somebody with approval authority over that solicitor. The dialog tells you when this applies to you.

Can I Undo a Discharge Recorded by Mistake?

No. A discharge or withdrawal cannot be undone and the undertaking can no longer be edited. If the position changes, record a new undertaking.

Why Does My Undertaking Show Restricted File?

You gave it on a file you are now screened from. The promise stays on your register because it binds you personally, but the file is not named.

Do I Have to Set a Date for Performance?

No. Leave To Be Performed By blank if no date was fixed. Without a date there are no due pills and no reminder email, so set one whenever the undertaking has a deadline.

Why Can I Not Close the Matter?

The matter still has an outstanding undertaking. Perform it and record it as discharged, or record it as withdrawn, then close the file.

Related Guides

• Matters
• Matter Approvals
• Documents and Correspondence
• Safe Custody
• AI Lawyer
• Firm Management and Access