The new immigration guidelines supersede those published in the Gazette on 13 August 1997.

They constitute an amplification of the standard of practice that the Society considers essential for compliance with the rules of professional conduct when undertaking immigration, nationality and asylum work.The guidelines may be taken into account by the Office for the Supervision of Solicitors in its investigation and determination of complaints -- including those made by third parties -- alleging professional misconduct arising from immigration, nationality or asy lum work.General duties1.

Solicitors are expected to maintain the highest traditions of professional service in the conduct of activities as advisers and representatives in the field of immigration, nationality and asylum law and practice-related matters.

In particular:(a) they should give sound advice having familiarised themselves with the relevant law, the immigration rules (including details of any published concessions outside the rules), and the principal published materials that relate to the issue in question (eg, the best practice guides published from time to time by the Immigration Law Practitioners' Association/Law Society/Refugee Legal Group, and the published determinations of the Immigration Appeal Tribunal, etc);(b) they should at all times show sensitivity to the particularly vulnerable position of those seeking immigration advice.

Practitioners should pay due regard to the related difficulties faced by such a client, and should ensure that the client fully understands the implications for his or her position of any decision or proposed course of action, making full use of an appropriate interpreter as necessary;(c) they must not deceive the immigration authorities or the courts or knowingly allow themselves to be used in any such deception;(d) they should consider whether, by virtue of their knowledge, skills and experience, they are competent to act in the particular case, and must not take on cases outside their area of competence or beyond their caseload capacity;(e) they must maintain proper records of their professional dealings, including records of the matters set out below.Costs Information2.

Where a charge is to be made to a client for the provision of legal services, a written estimate of the costs should be supplied to the client, at the outset of the matter to which the charge relates, with a description of the work to be done to a specified stage and the method of calculation of such fee (unless the fee is fixed).

Where the fee is likely to exceed the estimate given or requires variation, a written revision of the estimate and mode of calculation should be given as soon as it becomes apparent that the original estimate is likely to be exceeded or requires revision, and in any event before it is in fact exceeded.

In general, solicitors will adhere to the provisions in the written professional standards on costs information and comply at all times with solicitors' practice rule 15.Legal aidAt the outset, the question of whether the client is eligible for advice under the legal aid scheme should be explored and discussed with the client.In particular, the client should be advised of the scope of legal aid in respect of representation at any appeal hearing before the immigration appellate authorities, and should be warned of the consequences in the event of the case having to go to appeal.The client should also be advised of the existence and range of services for free representation (eg, the Refugee Legal Centre, the Immigration Advisory Service, and appropriate voluntary organisations).AppealsWhere a solicitor agrees to act for a client in the preparation of an appeal under the legal aid scheme, and where legal aid is not available to cover representation at the appeal hearing, adequate arrangements must be made:-- to comply with any pre-hearing directions;-- for the payment of fees to cover representation at the appeal or other hearing, and these arrangements should be confirmed in writing to the client.Practitioners should ascertain whether the client can pay for repre sentation at the hearing.If not, adequate arrangements must be made either for the provision of such representation on a pro bono basis (by the solicitor or by, for example, the free representation unit), or for the timely transfer of the case to the Immigration Advisory Service or the Refugee Legal Centre, or another provider of free representation as appropriate.These arrangements should be confirmed in writing to the client.

A solicitor must not terminate a retainer except for good reason and upon reasonable notice.

Therefore, if a practitioner has not been put in funds, it is unacceptable for the solicitor to terminate the retainer so soon before the date of the hearing as to prevent the client finding alternative representation or to hinder the court or the immigration appellate authorities in adequately disposing of matters pending.LienIf the client terminates the retainer just before a hearing date and solicitors are appointed, the Society recommends the papers be released to the successor solicitor, subject to a satisfactory undertaking as to costs being given in lieu of lien.However, if the client does not appoint a successor it is not misconduct for a solicitor to retain the file to get a bill drawn and taxed, but the client must be allowed access to the file and to take copies of papers at the client's expense.Standard of workA solicitor should not normally agree to represent a client where adequate preparation of a case is not possible, but in cases of urgency the solicitor may agree to act or continue to act for the purpose of applying for an adjournment.

Where an adjournment is refused, the solicitor must consider whether continuing to act compromises effective standards of representation.

If so, the solicitor should then not participate further in the hearing.Supervision7.

These guidelines apply to anyone, including non-solicitors, supervised by the solicitor.8.

Solicitors must exercise care in the recruitment of non-solicitor staff who it is intended will undertake immigration work.

Such staff should be of good standing and repute and have proper knowledge and experience of the work for which they are being recruited.

Solicitors must ensure that staff are properly trained and supervised.Application of the guidelines9.

Solicitors are subject to all the rules of professional conduct and any contractual terms.