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The solicitors' Code of Conduct 2007 – updating the rules of the legal profession |
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The rules of professional practice governing solicitors has been
updated with effect from 1 July 2007. David Glass of London-based
Pritchard Englefield law firm reviews the changes.
Solicitors form by far the largest component of the legal profession in England and Wales.
The rules of professional practice governing solicitors have been
updated with effect from 1st July 2007. A new Code comprising 25 rules
(written in plain English) came into force on that date.
The new Code, which has been promoted by the Solicitors’ Regulation
Authority, adopts the modern approach of having high level “core
duties” – six of them set out in rule 1 – which are then amplified in
the 24 remaining rules. The six core duties in effect say it all:-
1. Upholding “justice” and the rule of law;
2. acting with “integrity”;
3. ensuring “independence”;
4. acting in the “best interest of clients”;
5. providing “a good standard of service” to clients;
6. striving to ensure “public confidence” in you and the solicitors’ profession.
Those are all obvious points that are worth spelling out in one place.
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The detailed rules go on to deal with such matters as “conflict of
interest” and “duties of confidentiality and disclosure”. The rules
also address “business management” issues which recognise that
solicitors’ firms are businesses as well as professional organisations
and need to be run on commercial as well as professional lines in the
interests of all stakeholders.
Rules regarding “client relations” as well as “relations with third
parties” are intended to spell out clearly the modern approach to these
matters.
Slightly controversial subjects such as “fee sharing” with others
outside solicitors’ firms and paying “referral fees” for the
introduction of business form the subject of separate rules.
Cross-border legal regulations in an ever-internationalised legal profession are also addressed.
The legal professions have a vital role to play in any modern democracy
and the new Code therefore is not only important to solicitors but
should also be reassuring to the public at large.
© July 2007 David Glass
All Rights Reserved.
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