Obtaining Instructions Flashcards
What is the General Data Protection Regulation and Data Protection Act?
GDPR and DPA requires those who are controllers or processor of personal info to handle it in a particulate ways, and impose penalties who are in breach of their duties
\What is the general conduct requirements for advertising?
Publicity in relation to firm must be accurate and not misleading, including charges and circumstances in which interest is payable by or to clients
What is the SRA transparency rule?
Aim is to make sure people who need legal help know what services are available and how much they might cost, so they can choose the best option for them
What info of cost of service must include?
- total cost of service
- basis for the charges (hourly rate or fixed fees)
- what services are included
- experience and qualifications
- Whether VAT is payable on the fees or disbursements
- typical timescales and the key states of the matter
- if conditional fee or damage based agreements are used
Where must the costs info be published?
In prominent place on website which is accessible, clearly signposted and easy to find. If not website the Rules require that info must be made available on request
What is unsolicited approaches?
When a solicitor may wish to cold call individuals in order to promote the solicitors business
What must a solicitor comply with if they intend to do unsolicited approaches?
Must comply with general law appliance to such marketing -> must have all consents required from relevant data protection legislation
What does data protection legislation permit?
All Individuals can request that their details are NOT used for direct marketing purposes, if solicitor receives such request, they must take it seriously and comply
What if individual members of public may feel unwelcome or intrusive at unsolicited approaches? Whats the exception?
Prohibits solicitor making unsolicited approaches. But can be newspaper and TV advertisements as they are not individual or targeted
Can solicitors do unsolicited approaches to current or former clients in order to advertise?
Yes
Where does SRA draw a distinction between unsolicited approaches?
sending leaflets to all homes in a large geographic area and selectively distributing leaflets to specific homes or individuals based on wider information
When can a Solicitor not be part of a business?
A solicitor cannot be part of a business with a name containing “solicitors” or implying it’s a solicitors’ firm, unless authorized by the SRA
What do clients need to be informed about?
there is an obligation to ensure that clients understand whether and how the services provided are regulated, including explaining which activities will be carried out as a person authorised by the SRA, any services which may be regulated by another approved regulator and ensuring that no business or employer is represented as being regulated by the SRA when it is not
What does a body require?
The Transparency Rules mandate that SRA-authorized bodies must prominently display their SRA number and digital badge on their website.
The website must publish the firm’s complaints handling process, together with details about how to complain to the SRA and the Legal Ombudsman.
In addition, its letterhead and emails must show its SRA authorisation number and the words ‘authorised and regulated by the Solicitors Regulations Authority.
Third party with criminal proceeding?
A solicitor must not receive payments relating to a referral or make payment to an introducer in respect of clients who are the subject of criminal proceedings
Fee-sharing would occur it a solicitor made a payment to a third party in respect of a percentage of the solicitor’s gross or net fees for a particular period. Clients must be informed must be in writing (Paragraph 5.1(b) and (c)).
Clients must be informed of any fee-sharing arrangement that is relevant to their matter, and the fee-sharing agreement
