Rules

B1.1: Application

Save when and to the extent engaged in cross-border practice you shall comply with the standards of conduct set out in this rule 1.

B1.2: Trust and personal integrity

You must be trustworthy and act honestly at all times so that your personal integrity is beyond question.

B1.3: Independence

You must give independent advice free from external influences or personal interests which are inconsistent with these standards.

B1.4: The interests of the client

You must act in the best interests of your clients subject to preserving your independence and complying with the law, these rules and the principles of good professional conduct.

B1.5: Proper instructions

You are the agent of your client and must have the authority of your client for your actings. You must not accept improper instructions

B1.6: Confidentiality

You must maintain client confidentiality.

B1.7: Conflict of Interest

You must not act for two or more clients in matters where there is a conflict of interest between the clients or for any client where there is a conflict between the interest of the client and your interest or that of your practice unit.

B1.8: Disclosure of Interest

Where you are consulted about a matter in which you have, or your practice unit has, a personal or a financial interest, the position must be made clear to the client as soon as possible.

B1.9: Effective communication

You must communicate effectively with your clients and others

B1.10: Competence, diligence and appropriate skills

You must only act in those matters where you are competent to do so.

B1.11: Professional fees

The fees you charge must be fair and reasonable in all the circumstances.

B1.12: Withdrawing from acting if instructions are accepted

You must not cease to act for clients without just cause and without giving reasonable notice, or in a manner which would prejudice the course of justice.

B1.13: Relations with the courts

You must never knowingly give false or misleading information to the court. You must maintain due respect and courtesy towards the court while honourably pursuing the interests of your clients.

B1.14: Relations between regulated persons

You must act with other regulated persons in a manner consistent with persons having mutual trust and confidence in each other.

B1.15: Diversity

You must not discriminate on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation in your professional dealings with other lawyers, clients, employees or others

Guidance

B1.1: Application

The standards of conduct contained in rule B1 do not apply when you are engaged in cross-border practice. Note that this term does not encompass transactions or activity between the constituent parts of the United Kingdom.

B1.3: Independence - outsourcing

Outsourcers should give independent advice

B1.4: The interests of the client

Supervision of non-solicitor employees It is emphasised that the obligation in rule B1.4.1 (to "act in the best interests of your clients subject to preserving your independence and complying with the law, these rules and the principles of good professional conduct") extends to practice units as well as individual solicitors.

B1.5: Mandates and Mental Capacity

You are reminded that a solicitor must (a) have instructions from his or her client and (b) be satisfied when taking instructions, that his or her client has the capacity to give instructions to relation to that matter

B1.5: Adults with Incapacity (Scotland) Act 2000

Signature of Certificates on Powers of Attorney - Trainee Solicitors Sections 15, 16 and 16A of the Adults with Incapacity (Scotland) Act 2000 provide that a continuing power of attorney or a welfare power of attorney must incorporate a certificate by a practising solicitor or a doctor that the solicitor or doctor has interviewed the granter immediately before he or she signed the documents;

B1.5: Vulnerable Clients Guidance

Vulnerable Clients

B1.6: Confidentiality Generally

Confidentiality is related to conflict of interest but is also a separate and distinct question. The position is set out in rule B1.6 which states "You must maintain client confidentiality. This duty is not terminated by the passage of time.

B1.6: Confidentiality: Notifications to ICO

Criminal solicitors to notify ICO under Data Protection Act The Society continues to receive enquiries, especially from criminal practitioners, about whether they should have notified the Information Commissioner's Office (ICO) under the Data Protection Act.

B1.6: Comments to the Media by Solicitors

The law and the legal profession are of significant interest to the media and their readers, listeners and viewers.

B1.6: Company Audit Enquiries

You must maintain client confidentiality.

B1.7: Conflict of Interest in relation to Outsourcing

B1.7: Conflict of Interest in relation to Outsourcing

B1.8 Disclosure of Interest - Outsourcing

Obligation on outsourcers to disclose interests

B1.9: Dispute Resolution

Guidance for solicitors providing advice on dispute resolution procedures

B1.10: Competence, diligence and appropriate skills

Change in Specialism by Means of a Conversion Course The Society is keen to make the professional support it offers to members, through the challenges of the recession, as relevant as possible.

B1.10: Competence, diligence and appropriate skills - outsourcing

Check the skills of outsourced providers

B1.14: Defenders Contacting Pursuers' Agents Direct

Defenders Contacting Pursuers' Agents Direct It has come to the attention of the Professional Practice Committee that there is an increasing tendency for Defenders to telephone Pursuers' agents direct to discuss active cases.

B1.14: Settlements - Holding Items as Undelivered

The Professional Practice Committee and the Council confirm that where money or deeds are sent to be held as undelivered pending purification of a condition, they should be so held if the condition is not purified. Settlement will not take place until they can be treated as delivered.

B1.15: Diversity - Outsourcing

Diversity - Outsourcing

Advice and Information

B1.6: Notifications to ICO under the Data Protection Act

Data protection - good practice Note issued by the information commissioner

B1.6: Consent Form - Access to Medical Records

Consent Form produced by the British Medical Association

B1.15: Diversity

Ensuring fairness, creating opportunities. This is a practical guide for firms. It covers how firms can improve practice, broaden skills and develop new business by understanding the needs of different clients and staff. An additional supplement focuses on the specific of access for people with disabilities.

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