Solicitors will soon receive a copy of a consultation paper: Rules for the twenty-first century: a new framework for solicitors and clients.

The consultation paper outlines the progress made by the working party on the rules and principles governing solicitors' professional conduct, and asks for views on:-- the vision adopted to define the purpose of the Law Society's rule-making function;-- the key principles identified to underpin good rule-making, and;-- the approach to the rules being developed.The Council has endorsed the working party's proposals subject to the consultation.

The Law Society's aim is to provide a fair system of regulation which defines the proper duties of solicitors and enables them to provide the standards of service and conduct that clients reasonably expect.

This article focuses on the framework and the core duties.A new frameworkThe working party has designed a framework for the rules which will allow it to simplify and amplify those of importance in protecting the public, and to identify those which no longer appear to serve the needs of clients, the profession or society.

With this in mind, a layered approach has been developed.-- Layer 1: A statement of the core duties of solicitors - set at a high, but enforceable level, stating the fundamental obligations of solicitors.-- Layer 2: A set of rules detailing the minimum standards required to achieve compliance with the core duties, and meeting the key principles above, particularly, enforceability.-- Layer 3: Guidance to help solicitors interpret the rules in different situations and showing practical ways of complying with the rules.How would the layers inter-relate? The core duties and rules would be made under the Society's statutory powers, and would be mandatory.

The guidance would not.

However, if solicitors did not follow the guidance they might find it more difficult to demonstrate how they had complied with the rules.Have your sayThe working party is keen to receive views on the draft core duties.

These are the main building block in this new structure, and are intended to:-- be realistic rather than aspirational;-- include values which distinguish the solicitors' profession from others;-- be binding - a breach could be met with disciplinary action;-- be given in more detail in the second layer rules;-- recognise the importance of client care and business management to the fulfilment of solicitors' duties to clients.None of the duties is free from controversy.

Duty 5 - conflict of interest - is a case in point.

As drafted, it appears to be absolute.

But the Society maintains that second layer rules might be able to distinguish between situations in which the absolute duty applies, and those in which a potential or apparent conflict can be dealt with in a way which allows a firm to continue to act.

This approach would avoid cluttering the core duties with qualifications which are more suited to rules and guidance.The Society is considering setting up groups of specialist practitioners to help in difficult areas such as court work and conflict.

It would be interested in hearing from solicitors with an interest or an expertise in rules concerning specific areas.Core dutiesA modern and just society needs a legal profession which adopts high standards of integrity and professionalism.

In serving society, they uphold the rule of law and the proper administration of justice.In serving clients, they work in partnership with the client making the client's business the lawyer's first concern.

The following duties set the standards which will meet the needs of both clients and society.Solicitors must consider the following:-- Integrity.

Act with integrity towards clients, the courts, lawyers and others.

This will include:-- never knowingly giving false or misleading information;-- honouring professional undertakings.-- Independence.

Do not allow your independence to be compromised in the face of pressure from:-- clients;-- the courts, or;-- any other source.-- The best interests of clients.

Treat the interests of clients as paramount, provided they do not conflict with:-- your obligations in professional conduct, and/or;-- the public interest in the administration of justice.-- Confidentiality.

Keep all information about clients confidential, subject to any overriding legal obligation.-- Conflict of interest.

Do not act where there is a conflict between the interests of:-- two or more clients, or;-- your own interests and those of your client.-- Competence.

Act only when you are able to provide a competent service.-- Fairness.

Treat clients:-- fairly;-- reasonably, and;-- without unlawful discrimination.-- Client care.

Maintain appropriate client care procedures.

These must recognise a client's right to be given information on costs and other matters which is sufficiently clear, timely, and frequent, to enable clients to make informed decisions.-- Management.

Operate appropriate business systems and processes to meet your duties to clients.-- The profession.

In your professional work, do not behave in a way which damages the reputation or integrity of the profession.What next?The consultation ends on 3 March.

With the benefit of the profession's views on the principles and core duties, work can begin on testing existing and proposed rules against the principles of good rule making and the core duties.

Some of the policy considerations involved - such as multi-disciplinary partnerships - overlap with the work of other Law Society working parties, which will have to be consulted.Other interested parties include the Master of the Rolls and the Lord Chancellor - from whom statutory approvals are needed for rule changes.

These factors affect the speed at which a shift to a new regime can be made.

However, it is hoped that Council will have the results of the consultation next April, and in the meantime work will begin on the draft rules.All solicitors, as well as clients will be affected by these decisions.

So please respond to the questions in the separate booklet accompanying the consultation document.

Alternatively, e-mail your comments to derek.mitchell@lawsociety.org.uk.

The Web site address for the consultation document is http://www.action.lawsociety.org.uk.