Code of Conduct

Code of Conduct

All rtlcooperative members agree to abide by the following code of conduct, as a condition of their membership.

A solicitor member shall seek or accept only those instructions which emanate from the client properly given and should not accept instructions given as a result of an inducement or subject to any improper constraint or condition.

 

A solicitor member should not consult with a client, unless the consultation takes place in (1) the solicitor’s office; (2) a court; (3) a hospital; or (4) the locus; a solicitor may exceptionally attend the home of a client who is unable to attend the solicitor’s office due to illness.

Keep themselves informed, educated and up to date with current law and procedure.

 

A solicitor member is under a duty to prepare and conduct  cases by carrying out work which is actually and reasonably necessary and having due regard to economy. Wherever possible a solicitor member should offer a Fixed Fee agreement with clients to be agreed in writing prior to acting in any case.

Share information with other RTLcooperative members.

 

Ensure that the client is fully aware of, and fully and professionally advised, on all costs issues, including public funding, where available.

 

In the event of a solicitor member ceasing to act on behalf of a client, that client being unrepresented, any documents, materials or recordings which had been disclosed should be returned to the Crown agent, usually, COPFS. If there is a transfer of agency, the documents, materials or recordings should be transferred on receipt of a mandate to the new solicitor.

All members must act within the confines of the law at all times when offering advice, particularly with regard to technical defences. 

 

All RTLcooperative members agree to act in accordance with the following:

RTLcooperative members will always act in the best interests of their client.

You must act in the best interests of your clients subject to preserving your independence and complying with the law, these rules and the principles of good professional conduct. All RTLcooperative members will provide the client with independent advice.

You must be trustworthy and act honestly at all times so that your personal integrity is beyond question. In particular, you must not behave, whether in a professional capacity or otherwise, in a way which is fraudulent or deceitful.

 You must not permit your own personal interests or those of the legal profession in general to influence your advice to or actings on behalf of clients.

You must maintain client confidentiality. This duty is not terminated by the passage of time. You must also supervise your employees to ensure that they keep client matters confidential. Only the client, Acts of the legislature, subordinate legislation or the court can waive or override the duty of confidentiality.

No RTLcooperative member shall defend a case based on information that could result in a prosecution against the defendant for perjury or perverting the course of justice.

 

The fees you charge must be fair and reasonable in all the circumstances.

 

You must only act in those matters where you are competent to do so. You must only accept instructions where the matter can be carried out adequately and completely within a reasonable time. You must exercise the level of skill appropriate to the matter.

No RTLcooperative member shall personally or through an agent make representations of experience or specialist skills which they do not possess.

 

Where you are consulted about a matter in which you have, or your practise unithas, a personal or a financial interest, the position must be made clear to the client as soon as possible. If the interest is such that you cannot reasonably give independent advice, you must decline to act and advise the client to seek appropriate advice elsewhere.

 

Any advertisement, promotional material or promotional activity of or by you (whether or not you are named or referred to therein) and any advertisement, promotional material or promotional activity of or by a third party which relates to your services shall be presumed to have been issued or promoted with your authority.

Any advertisement or promotional material issued by you or on your behalf or any promotional activity by you or on your behalf shall be decent and shall not:

(a) contain any inaccuracy or misleading statement;

(b) be of such nature or character or be issued or done by such means as may reasonably be regarded as bringing the profession into disrepute;

(c) identify any client or item of his business without the prior written consent of the client; or

(d) be defamatory or illegal.