ETHICS Q & A

Q I have been acting for a client in an immigration matter.

It has now gone to appeal.

While the client is entitled to legal aid for preparation of the appeal, it is not available for the hearing.

My client does not have funds to pay me to go to the hearing - what do I do?A In respect of the preparation of the appeal, you must ensure that adequate arrangements are in place to comply with any pre-hearing directions.

Unless you are prepared to attend the hearing on a pro bono basis, you need to ensure that the client is referred to a free advisory service such as the Free Representation Unit, the Immigration Advisory Service or the Refugee Legal Centre.

Whatever arrangements are made to transfer the case, you should confirm them in writing to the client.

You should also bear in mind Principle 12.12 in The Guide to the Professional Conduct of Solicitors, 1999, eighth edition.

This provides that to stop acting for the client you must have a good reason and give reasonable notice.

It could well be improper to stop acting so close to the date of the hearing as to prevent the client finding alternative representation, or to inconvenience the court or the immigration appellate authorities in dealing with the appeal.

Further guidance on immigration cases can be found in Annex 12C in 'The Guide'.

Aide MemoireX The new Indemnity Insurance Rules will be effective from 1 September.

Solicitors must have their new indemnity insurance in place by that date.

X Question of ethics is compiled by the Law Society's professional ethics guidance team.

Send questions to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch; tel: 0171 242 1222.