4. Obligations to fellow professionals Flashcards
Other Members - Overview - What is the summary overview for dealings with other members and third parties?
(A) Dealing in good faith and courtesy - R.10.1
01 act in good faith to other members and employees, subject to
(a) duty to client, and
(b) overriding duty to court;
02 Principle 2 – not act in way brings legal profession in Jersey into disrepute
Note:
- lawyers must be frank with other lawyers and not deceive
- act in professional manner and detachment
- be courteous towards each other
Courtesy includes not writing offensive letters between advocates - In re an Advocate 1978 CA
- not covertly record conversation with fellow lawyer (or other firm) where done electronically - 1. inform the other in writing of intention to record and 2. offer to provide a transcript within reasonable time, at reasonable cost
02 behave with good manners and courtesy to members, employees and 3P, even if bitter contention between clients
03 not write offensive letters to members, employees or 3P
04 not use social media or forms of communication improperly
(B) Not taking unfair advantage - R.10.2: of anyone:
(a) for client’s benefit, or
(b) for own benefit
(C) Restrictions on contacting clients of other members - R.10.3
(a) not communicate (directly or indirectly) on particular matter with client of another firm on matter
1. except through firm or with firm’s consent
2. save consent of corporate client, and
3. deemed given if client communicates directly with member, employee or firm
(b) provided always send copy communication to other firm
Other Members - Good faith - How must a member act to other members in dealings?
Dealing in good faith and courtesy - R.10.1
01 act in good faith to other members and employees, subject to
(a) duty to client, and
(b) overriding duty to court - R.10.1(a)
02 Principle 2 – not act in way brings legal profession in Jersey into disrepute
Note:
- lawyers must be frank with other lawyers and not deceive
- act in professional manner and detachment
- be courteous towards each other
Courtesy includes not writing offensive letters between advocates - In re an Advocate 1978 CA
- not covertly record conversation with fellow lawyer (or other firm) where done electronically - 1. inform the other in writing of intention to record and 2. offer to provide a transcript within reasonable time, at reasonable cost
03 behave with good manners and courtesy to members, employees and 3P, even if bitter contention between clients - R.10.1(b)
04 not write offensive letters to members, employees or 3P - R.10.1(c)
05 not use social media or forms of communication improperly - R.10.1(d)
Full text:
Law Society Jersey Code of Practice 2017 Ed
Rule 10 Relations with other members and third parties
R.10.1 Dealing in good faith and courtesy
Members must:
a) act towards other members and their employees in good faith subject to their duty to the client and the overriding duty to the court;
b) behave with good manners and courtesy towards other members, their employees and third parties even though there may be matters of bitter contention between clients;
c) not write offensive letters to other members, their employees or third parties;
d) not use social media or other forms of communication improperly.
Other Members - Advantage - What is the position concerning unfair advantage?
Not taking unfair advantage - R.10.2: of anyone:
(a) for client’s benefit, or
(b) for own benefit
Full text:
Law Society Jersey Code of Practice 2017 Ed
Rule 10 Relations with other members and third parties
R.10.2 Not taking unfair advantage
Members must not take unfair advantage of anyone, either for the client’s benefit or for their own benefit.
Other Members - Other clients - When can a member contact a client of another firm in relation to a matter?
Restrictions on contacting clients of other members - R.10.3
(a) not communicate (directly or indirectly) on particular matter with client of another firm on matter
1. except through firm or with firm’s consent
2. save consent of corporate client, and
3. deemed given if client communicates directly with member, employee or firm
(b) provided always send copy communication to other firm
Full text:
Law Society Jersey Code of Practice 2017 Ed
Rule 10 Relations with other members and third parties
R.10.3 Restrictions on contacting clients of other members
Members or their firm must not communicate directly or indirectly on a particular matter with a person represented by the firm of another member on the matter except through that firm or with that other firm’s consent, save that where the person represented by the other member’s firm is a commercial organisation or man or woman of business, consent to such communication may be given by that person, and will be deemed given where that person communicates directly with the member, employee or firm to whom this Rule is being applied, provided always that any communication in response or subsequently to that person must be copied to the other member’s firm.
Other Members - Undertakings - What is the position of a firm or member which has given an undertaking to another firm or member?
Undertakings given to another firm or member - R.10.4: in course of practice:
(a) personally bound by undertaking
(b) honour undertaking, and
(c) perform undertaking in timely and effective manner,
unless:
- when giving undertaking member or employee
i. makes it clear not personal undertaking, and
ii. states on whose behalf it is given
iii. has authority to give undertaking; or -
clearly and unequivocally released by recipient or Crt
(d) firm must honour undertaking given by member or employee with express or ostensible authority
(e) service of process - advocate’s undertaking to accept service of proceedings sufficient to show client’s acceptance of RC’s jurisdiction - Binet v Foot 1998
Note:
- Lawyers trust one another and rely on each other’s word
- undertakings are personally binding and binding on firm
3.
Full text:
Law Society Jersey Code of Practice 2017 Ed
Rule 10 Relations with other members and third parties
R.10.4 Undertakings
A member who has given, or whose employee has given, an undertaking to another member or the firm of another member in the course of practice is personally bound by that undertaking and must honour that undertaking and ensure that it is performed in a timely and effective manner, unless:
a) when giving the undertaking the member or employee makes it clear that the undertaking is not a personal undertaking and states on whose behalf it is given and has authority to give such undertaking; or
b) he or she is clearly and unequivocally released by the recipient or the court.
A member’s firm shall be responsible for honouring an undertaking given by any member or employee with express or ostensible authority.
Reference must also be made by members to Annex 2 – Undertakings in Property Transactions.
R.10.5 Instructing other practitioners
A member’s firm that instructs the firm of another member or a practitioner in the law of another jurisdiction will be responsible for the payment of that other firm’s or practitioner’s proper fees and disbursements unless otherwise agreed. A member will be personally responsible for paying the proper costs of any agent or other person who is instructed on behalf of the client, unless the member and the person instructed make an express agreement to the contrary or it is otherwise clear that the person instructed is instructed on terms that the member is not so personally responsible
Other Members - Undertakings - What is the position of a firm or member which has given an undertaking to another firm or member?
Undertakings given to another firm or member - R.10.4: in course of practice:
(a)
Full text:
Law Society Jersey Code of Practice 2017 Ed
Rule 10 Relations with other members and third parties
R.10.5 Instructing other practitioners
A member’s firm that instructs the firm of another member or a practitioner in the law of another jurisdiction will be responsible for the payment of that other firm’s or practitioner’s proper fees and disbursements unless otherwise agreed. A member will be personally responsible for paying the proper costs of any agent or other person who is instructed on behalf of the client, unless the member and the person instructed make an express agreement to the contrary or it is otherwise clear that the person instructed is instructed on terms that the member is not so personally responsible
