QUESTION OF ETHICS

Good practice

Q A trade union wants to include in its benefits package for members, the offer of free legal services for certain types of claims.

We would do the work and our fees would be paid by the union under the terms of a Consumer Credit Act Agreement.

Who should receive our client-care letter if we receive instructions from the union?

A The union is a third-party introducer.

Your client will be the union member and you should send that person a client care letter.

This letter should contain the usual 'client care' information.

As someone else is paying, you may decide to limit the costs information given to the client.

If so, we suggest you explain this to the client.

However, you should add that if, for some reason, the union refuses to pay your charges then you will look to the client for payment direct, or the client may be required to reimburse the union.

You should tell the client that if he wants costs information either now or later it will be provided.

This approach enables you to comply with the Solicitors Information and Client Care Code 1999 without alarming clients who may think they are being asked to fund the case themselves.

The union needs to be aware of how your charges will be calculated and that you expect it to settle your bill.

Check whether the union has an agreement to meet its members' costs liabilities in accordance with the Access to Justice (Membership Organisations) Regulations 2000.

The arrangement with the union will be subject to the Solicitors Introduction and Referral Code 1990.

Section 3 contains specific requirements when the solicitor is to be paid by the introducer in relation to work other than conveyancing.

Also, as the union member is your client, you will need the member's consent to disclose confidential information to the union such as the progress of the case.

Telephone hotline

The Law Society's professional ethics lines are open for general enquiries between 11am and 1pm, and 2pm and 4pm.

The lines are less busy in the afternoon.

The line takes emergency calls outside these hours, tel: 0870 606 2577.

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, Redditch B98 0TD; DX 19114 Redditch; tel: 020 7242 1222