Draft new Code of Conduct Rule 2- Client relations
This is in draft form at the moment and not yet in force. No date has been set for its introduction but is expected to be this year some time. The highlights are as follows:-
Rule 2.01 Taking on clients - says you are free to decide whether or not to take on a particular client, but must refuse to act if, inter alia, you have insufficient resources or lack the competence to deal with the matter.
Rule 2.02 Client care - says you must identify the clients objectives, give them a clear explanation of the issues involved and options available, agree the next steps and keep them informed of progress unless otherwise agreed. This is in addition to the steps of agreeing service levels, explaining yours as well as the clients responsibilities, giving the client the details of the case handler and overall supervisor. You must also explain any limitations or conditions resulting from any relationship with a third party e.g. an introducer, funder or fee sharer.
Rule 2.03 Information about costs you must advise the client of the basis of your charges, if they are to be increased, when any payments have to be made by you or them to others, how they will pay, whether they may be entitled to public funding, whether costs are covered by insurance or Trade Union or employer, whether they need to obtain other insurance to cover them. If acting under a CFA, you must explain, both at the outset and as the matter progresses, the circumstances in which your client may be liable for your costs and their right to an assessment.
Rule 2.07 Limitation of civil liability by contract - says that you must not exclude or attempt to exclude to all liability to your clients but you may limit civil liability to an amount equal to but not less than the minimum level of cover required the Solicitors Indemnity Insurance Rules. Any such exclusion agreement must be in writing.