QUESTION OF ETHICS

Q I have received instructions from a trade union to pursue a claim on behalf of one of its members for an injury he suffered at work.

Am I obliged to send a client care letter to the member, the union, or both?

A You should send a client care letter to your client, who is the member.

The letter should contain the usual information, including details of who will be conducting the work, and the service that you will provide.

As the trade union will be funding the action you may want to limit the costs information that you give, so as not to alarm the member.

We suggest you explain to your client that the union has indicated that it will be paying your fee, and so you have not provided full details of how your charges will be worked out.

If the union refuses to pay then look to the member for payment direct, or the member may be required to reimburse the union.

Therefore, if requested by your client, you will provide details of your charges at any stage during the transaction.

Ensure that the union is aware of how your charges will be calculated, and that you expect it to settle your charges.

This demonstrates that you have given the client everything that he or she needed to know from the beginning, with the option of obtaining further costs information at any stage during the retainer.

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

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

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