Question of ethicsQ I know that there is an obligation to advise the client on the availability of legal aid where the client might be entitled to assistance under the legal aid scheme.
Does a similar obligation exists with regard to 'no win no fee' cases? I have recently joined as an assistant solicitor a firm that does not conduct CFAs and I am arguing with the partners that I should advise clients that they may be able to obtain assistance with regard to their cases on a conditional fee basis.
Am I right?A There is nothing specific in the Solicitors' Costs Information and Client Care Code on this point.
However, there is a general obligation under para 4(j) to discuss with the client how any costs are to be met and it is good practice to inform the clients about all their funding options, including the possibility that they could be helped by another firm under a conditional fee agreement.
Q I remember reading a front page article in the Gazette which stated that, when the Financial Services Authority took over as sole financial services regulator towards the end of 2000, most firms of solicitors - those conducting non-discrete investment business - would no longer require authorisation under the Financial Services Act 1986 (see [1999] Gazette, 20 October, 1).
As I hold only a category 1 investment business certificate, I was therefore surprised to note on my RF1 form that the Law Society invited me to renew this certificate.
What is happening, please?A The position was described in some detail in an article which appeared in May (see [2000] Gazette,18 May, 30).
Although the Financial Services and Markets Act has been enacted we are not expecting N2 (the date when the Act will come into force) until approximately July 2001 at the earliest.
This means unfortunately, that even firms requiring only a category 1 investment business certificate needed to renew that certificate for the practice year 2000/2001.l Question of ethics is compiled by the Law Society's professional ethics guidance team.
Send questions for publication to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, RedditchB98 0TD; DX 19114 Redditch; tel: 020 7242 1222.
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