Publicity, introductions and referrals Flashcards
What are CCS requirements in relation to the firm’s publicity?
You ensure any publicity in relation to your practice is accurate and not misleading including that relating to your charges and the circumstances in which interest is payable by or to clients
What are solicitors not allowed to do in terms of publicity?
Make unsolicited approaches in person or telephone calls to members of public with exception of current or former clients
What are the key elements of SRA Transparency rules?
Costs information - Rule 1
Regulatory information - Rule 4
What is the costs rule?
Authorised bodies who publish the availability of certain services to individuals or firms must publish certain costs information on their websites
Services for individuals are:
- conveyancing of residential property
- collection and distribution of asstes following a persons death
- immigration application
- immigration matters
- road traffic offences
- certain advice to employees on unfair dismissal
Services in relation to businesses:
- advice to employers on unfair dismissal
- debt recover up to £100,00
- advice in relation to licensing applications for business premises
What costs information must be published?
Rule 1.5:
Total costs of the service or the average range of costs
Basis for the charges - hourly rates etc
description of and the cost of likely disbursements
VAT
Details of what services are included in the price displayed, including the key stages of the matter and the likely timescales for each stage and details of any services that might be expected to be included in the price displayed but are not
conditional fee
What regulatory info must be published?
SRA number and digital badge
What must you do when you make referrals or introductions?
CCS 5.1
Clients are informed of any financial or other interest which you or your business or employer has in referring the client to another person
clients are informed of any fee sharing arrangements that is relevant to their matter
the fee sharing arrangement is in writing
you do not receive payments relating to a referral or make payments to an introducer in respect of clients who are subject to criminal proceedings
any clients referred by an introducer has not been acquired in a way which would breach the SRA regulatory arrangements if the person acquiring the client were regulated by SRA
When does an introduction occur?
A third party introduces a client to you in return for which you make a payment to that third party
the payment is a fixed fee or calculated with ref to the amount being charged to the client as a percentage of your gross or net fees and
the third party may be lawyer or not
What is an introducer?
Any person, business or organisation who introduces or refers clients to your business or recommends your business to clients or otherwise puts you and clinets in touch with each other
What is the SRA concern with referals?
You must only make them to act in best interest of the client and not for economic gain
What are referral rules for PI cases?
LASPO 2012 prohibits solicitors referring or receiving referrals for claimants claim for damages for PI or death in consideration for a referral fee
