Useful Information

Last updated 11/06/09 14:30

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Conduct Guidance Notes from Guide to Professional Conduct of Solicitors

• "In contentious matters, a solicitor may require the client to make payments on account of costs and disbursements.
• It is in the interests of both solicitor and the client that advice on the risks should be in writing, and that the advice is repeated at appropriate times throughout the transaction.
• A solicitor's bill of costs should contain sufficient information to identify that matter and period to which it relates.
• The solicitor's duty (is) to act in the best interest of the client.
• . A solicitor must not act, or continue to act, where the client cannot be represented with competence and diligence.
• A solicitor must carry out a client's instructions diligently and promptly.
• A solicitor should deal promptly with communications relating to the matter of a client or former client.
• A solicitor must not terminate his or her retainer with the client except for a good reason and upon reasonable notice.
• A solicitor must complete the retainer with the client except for good reason and upon reasonable notice.
• Freedom to accept instructions. A solicitor must refuse to take action which he or she believes is solely intended to gratify a client's malice or vindictiveness.
• A solicitor must not accept instructions which he or she suspects have been given by a client under duress or undue influence."

The LAW SOCIETY regulates the conduct of solicitors and their recommendations are in a booklet that should be available from each solicitor. (See "Seeking Help")

The Department for Constitutional Affairs issued in July 2003 various papers on Constitutional Reform:

1. "A Supreme Court for the United Kingdom"(CASIA listed as one of the consultees)

2. "A new way of appointing judges" (CASIA listed as one of the consultees)

3. "The future of Queen's Counsel" (CASIA listed as one of the consultees)

4. "Competition and regulation in the legal services market". A Report following the consultation "In the public interest".

5.Also, "SCOPING STUDY FOR THE REGULATORY REVIEW OF LEGAL SERVICES" (March 2003). This is a report by Professor Robert Baldwin and Dr Kate Malleson of the LSE, Martin Cave of Warwick University, and Sheila Spicer of the Lord Chancellor's Department. Members of CASIA are urged to read these papers and make their views known. It will be too late once any proposals are implemented. Details can be found on the Department's web-site: www.dca.gov.uk

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