Obtaining Instructions Flashcards
How are solicitors able to advertise their practice?
They are free to advertise their practice, but it must not be misleading or inaccurate
However, they are prohibited from making unsolicited approaches to individual members of the public, except where they are current or former clients or the advert is not individual or targeted
What information do solicitors need to ensure is visible on their website, letterheads and emails to ensure compliance with Codes of Conduct?
SRA authorised body must display their SRA number and the SRA’s digital badge in a prominent place on their website.
Website must also publish the firm’s complaints handling process and how to complain to SRA + LEO
Letterhead and emails must show its SRA authorisation number and the words ‘authorised and regulated by the SRA.’
Costs information must be clear on the website where the firm is advertising a specified service like residential conveyancing or uncontested probate
Are solicitors able to refer clients to third parties for a fee or vice versa?
Clients can be introduced to a solicitor by a third party or vice versa, but in both cases, the client must be informed in writing of any financial or other interest which the solicitor has in referring the client or receiving the referral.
Client needs to be informed in writing about fee sharing arrangements
Referral fees are prohibited in claims for damages following personal injury or death and LASPO (2012) also prohibits payment for other claims for damages arising from the same circumstances
