The Law Society's regulation review working party is currently rewriting the rules of professional conduct.

It consulted earlier this year on its proposals for a 'layered' framework for the future rules -- consisting of core duties, detailed rules and non-mandatory guidance.Simplifying a 900-page rule book is not a simple task.

It needs energy, persistence and lots of lateral thinking.

The response to the layering approach and proposed core duties has been positive.

The working party is now ready to publicise the first instalment in a number of steps towards deregulation and the creation of a new layer two of rules.Over the next few months, the working party will consult at different times on some highly significant areas.

Set out here are proposals to simplify dramatically the Solicitors' Publicity Code and rule 11 (firm names).

Shortly afterwards, the working party will be consulting on the sensitive area of the prohibitions in the Solicitors' Introduction and Referral Code.Before long, the issues of conflict and confidentiality and rules concerning the operation of solicitors' businesses will be developed and consulted upon; and others will follow.

In addition, the Law Society Council has ask ed the working party to consider a practice rule which would prohibit solicitor-principals from suing their staff.The target is for the working party to complete its layer two rules for presentation to the Council by December 2000.

In their various ways, these proposals will shape the future of the solicitors' profession.

They should change the approach to professional regulation, simplifying the rules and making them more understandable for practitioners and clients alike.But they will raise difficult issues of policy.

The Law Society will need the input of practitioners.

Indeed, it is anticipated that some solicitors will view the proposed changes with concern, even horror.

Others will consider them long overdue.On this occasion, please do not suffer from consultation fatigue.

Whatever your views, they are valuable and the working party would like to hear from you.DEREGULATION -- THE SOLICITORS' PUBLICITY CODE 1990 AND RULE 11 (NAMES USED BY A FIRM)This article invites the views of practitioners on proposals from the Law Society's regulation review working party for revising and combining the Solicitors' Publicity Code 1990 and practice rule 11 (firm names).

A further consultation article will follow later this year on the Solicitors' Introduction and Referral Code -- completing a package on the rules on how solicitors obtain business.At a time of increasing competition in the legal services market, the working party takes the view that deregulation of the rules in this area can benefit clients and solicitors.

It is proposed that these deregulatory changes could be 'fast-tracked' and come into force before work on the new rule book is completed.A draft publicity code is also set out here.

It tries to meet the working party's principles of good rule making, which require rules to be necessary, clear, fair, enforceable, proportionate, targeted and consistent.

It therefore aims to retain core public protections while removing provisions which no longer appear to serve the changing needs of clients or the profession.

As this is an interim measure, the drafting follows the style of the current rules rather than the new approach proposed by the working party.

Some of the deleted parts might appear as non-mandatory guidance.Why change the code?-- It has not been revised as a whole since 1990, while rule 11, to which it is linked, was revised recently, making rationalisation desirable;-- It still reflects the concerns of the late 1980s when solicitor-advertising was novel; the working party wants to remove those parts of the code which now appear over-protective both of the profession and the public;-- The modern solicitors' profession is embracing marketing and the public are more discerning in their approach to advertising;-- External legal and voluntary codes also apply to solicitors -- how level is the 'playing field' with solicitors' competitors?;-- The advent of multi-national practices and registered European lawyers (RELs) heightens the need for clients to know what type of practice they are instructing.The draft publicity code deals with two issues: general requirements on publicity (including firm names); and requirements for stationery.General requirements-- The draft substantially shortens the code by removing most of the existing paragraphs, many of which are more in the nature of guidance.

All that remains are requirements relating to misleading or inaccurate publicity, misleading names, clarity as to charges, and international aspects.-- It reduces rule 11 to its core requirement not to misle ad;-- The draft reflects the working party's view that the current ban on unsolicited visits and telephone calls should be removed.

It feels the time may have come to recognise that it is in the interest of clients for solicitors, rather than unqualified (and unregulated) legal service providers, to be able to make the first approach.

Practice rule 1 could still be used to deal with disreputable behaviour.Professional stationery-- The draft introduces a requirement on private practices for the statement 'regulated by the Law Society' to appear on stationery.

At present, rule 11 allows firms either to use this phrase or the word 'solicitor(s)'.

There are further provisions in the existing publicity code dealing with descriptions of a practice.

With the variety of practices increasing, the working party takes the view that the proposed statement represents the minimum information clients can expect.

It will also bring clarity -- the current array of options can be unintentionally confusing.

A transitional period would allow practices time to comply;-- The draft incorporates new legal requirements for RELs named on notepaper.

(It should be noted that consequential changes would be needed to the overseas practice rules.)Questions for practitioners-- Do you agree with the thrust of the draft?-- Does it meet the principles of good rule making?-- Do you agree with the proposed requirement for 'regulated by the Law Society' to appear on professional stationery?-- Do you agree with removing the prohibition on unsolicited visits and telephone calls? Should there still be a prohibition in special cases, for example, in personal injury work?The views of solicitors are important.

Please send your replies by 31 August 2000 to Derek Mitchell, Professional Ethics, The Law Society, Ipsley Court, Redditch, B98 0TD; DX 19114 -- Redditch; E.mail: derek.mitchell@lawsociety.org.ukDRAFT SOLICITORS' PUBLICITY CODE 2000 [CITATION ETC]Section 1 -- General principles(a) Misleading or inaccurate publicityPublicity must not be misleading or inaccurate.(b) Clarity as to chargesAny publicity as to charges or a basis of charging must be clearly expressed.

It must be clear whether disbursements and VAT are included.(c) Name of firmA private practice must not use a name or description which is misleading.

It would be misleading for a name or description to include the word 'solicitor(s)', if none of the principals or directors is a solicitor.(d) International aspects of publicityPublicity intended for a jurisdiction outside England and Wales must comply with:(i) the provisions of this code; and(ii) the rules of that other jurisdiction concerning lawyers' publicity.Publicity intended for a jurisdiction where it is permitted will not breach this paragraph through being incidentally received in a jurisdiction where it is not permitted.(e) ApplicationThis section of the code applies to all forms of publicity including stationery, advertisements, brochures, directory entries, media appearances, press releases promoting a practice, and direct approaches to potential clients and other persons, and whether conducted in person, in writing, or in electronic form.Section 2 -- Professional stationery(a) The letterhead of a private practice must bear the words 'regulated by the Law Society'.

(In the case of a letterhead carrying the statement required under rule 21 of the Investment Business Rules, the words should be 'regulated by the Law Society -- authorised by the Society to conduct investment business'.)(b) The letterh ead of:(i) a partnership of 20 or fewer persons, or a sole principal, must include a list of the partners or the name of the sole principal;(ii) a partnership of more than 20 persons, or a recognised body, must include either a list of the partners or directors or a statement that a list is open to inspection at the office.(c) When the partners or directors of a private practice comprise solicitors and foreign lawyers, or foreign lawyers only, the list referred to in (b)(i) or (ii) above must:(i) in the case of any solicitor, identify him or her as a solicitor;(ii) in the case of any lawyer or notary of a state (other than the UK) covered by the Establishment of Lawyers Directive 98/5/EC:(a) identify the European jurisdiction(s) -- local or national as appropriate -- under whose professional title he or she is practising;(b) give the professional title, expressed in an official language of the European state(s) concerned; and(c) if the lawyer is a registered European lawyer, refer to his or her registration with the Law Society; and(iii) in the case of any registered foreign lawyer not included in (ii) above, indicate his or her professional qualification(s) as a lawyer and the country or jurisdiction of qualification.(d) Whenever a registered European lawyer is named on the letterhead used by any private or in-house practice, there must be compliance with paragraph (c)(ii) above.Section 3 -- interpretation, repeal and commencement(a) In this code, words have the meanings assigned to them in rule 18 of the Solicitors' Practice Rules 1990, except that:(i) 'letterhead' includes a fax heading or equivalent heading adopted for formal electronic communications; and(ii) 'solicitor' means a solicitor of the Supreme Court.(b) The Solicitors' Publicity Code 1990 is repealed.(c) This code comes into force on [.

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