Headway Personal Injury Lawyers Code of Conduct

Similar documents
Catastrophic Injury Accreditation. Initial application guidance notes

Code of Practice. The principles, standards of behaviour and service delivery requirements for all FPA Australia Corporate Members

DECLARATIONS OF INTERESTS AND POTENTIAL CONFLICTS OF INTERESTS POLICY. ENDORSED BY: Executive Team; Consultative Committee

INSOLVENCY CODE OF ETHICS

1 January 2010 (as amended 1 January 2015) Table of contents

The Licensed Insurer s (Conduct of Business) Rules, 2018

FINAL NOTICE. i. imposes on Peter Thomas Carron ( Mr Carron ) a financial penalty of 300,000; and

Dispute Resolution Ombudsman Limited Rules of Full Membership

Our Ancillary Provider Terms

This document is a record of the information provided in the Annual Return 2017.

BENDIGO AND ADELAIDE BANK GROUP FIT AND PROPER POLICY

Mr S complains about Bar Mutual Indemnity Fund Limited s decision to withdraw funding for his claim.

LAW COUNCIL OF AUSTRALIA POLICY STATEMENT ON INTERNATIONAL LEGAL PRACTICE

Amendments to the Main Board Rules. Chapter 1. Chapter 3

Code of Conduct for Copyright Collecting Societies

Insolvency. AAT is a registered charity. No

Individual accreditations

Claims Management Services Regulation. Conduct of Authorised Persons Rules 2013

CODE of CONDUCT 1 A A

Disciplinary Procedure for School Based Staff. PERS 52 Unclassified

National Infrastructure Commission: conflicts of interest policy

AUSTRAC Guidance Note. Risk management and AML/CTF programs

Touchstone Underwriting POLICY SUMMARY Commercial Legal Expenses Insurance

Appendix 2. In this appendix underlining indicates proposed new text and striking through indicates deleted text. The DFSA Rulebook.

Do the right thing see your lawyer first

Operational Policy General Treatment Provider Recognition

Voluntary Code of Practice Access to Service and Repair Information for Motor Vehicles

Alternative Dispute Resolution Service Consumer Guide

UNIVERSITY OF ST ANDREWS GIFT ACCEPTANCE POLICY

Model Ethics and Conflict-of- Interest Policy for Texas Public Retirement Systems PENSION REVIEW BOARD

HEARING HEARD IN PUBLIC

April CEIOPS-DOC-02/06 Rev 1 Oct 2008

THE FINANCIAL REPORTING ACT 2004

Charities (Protection and Social Investment) Act Francesca Quint

COMPENSATION POLICY. Board Approval: May 2017 Responsible Board: Ocean Housing Ltd

THE COMPANIES ACT 2006 COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL. MEMORANDUM of ASSOCIATION of YOUTHBORDERS

Complaints, Claims, Compliments and Feedback Policy. April 2018

Professional Indemnity Initiative

DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

NICEIC Rules Relating to Registration for Certification of Electrical Installations in Scotland

Focus Underwriting. Policy Summary Commercial Legal Expenses Insurance A PARTNER YOU CAN TRUST

European Commission Proposed Directive on Statutory Audit of Annual Accounts and Consolidated Accounts

GREYHOUND OWNERSHIP SYNDICATE AND PARTNERSHIP REGULATIONS

Matrix Underwriting Management POLICY SUMMARY Commercial Legal Expenses Insurance

PAINTING AND DECORATING ASSOCIATION POLICY SUMMARY Commercial Legal Expenses Insurance

Touchstone Underwriting Policy Summary Commercial Legal Expenses Insurance

CODE OF BANKING PRACTICE

Guidance note two: Being a witness in a clinical negligence claim

Effective for assurance engagements beginning on or after 1 September 2011.

The names and identifying details of the parties in this decision have been changed.

Experian plc. Dividend reinvestment plan. Convert your cash dividend into shares

The Hong Kong Trustees Association. Best Practice Guide for Trustees of Private Trusts

GUERNSEY FINANCIAL SERVICES COMMISSION

Business Legal Guard Policy Summary

This document is a record of the information provided in the Annual Return 2017.

GIFTS & HOSPITALITY POLICY

A response by the Association of Personal Injury Lawyers December 2017

BLACKS SOLICITORS LLP. REFERRAL OF BUSINESS Terms And Conditions

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2017] NZLCDT 5 LCDT 015/16. of the Lawyers and Conveyancers Act 2006

TRUSTED TRADER. Trusted Trader terms and conditions. Contents.

THE FINANCIAL REPORTING ACT 2004

Membership & Registration Information

Procedure for reporting employee misconduct in non-emergency situations to the police

BANK INDONESIA REGULATION NUMBER: 7/52/PBI/2005 CONCERNING OPERATION OF CARD-BASED PAYMENT INSTRUMENT ACTIVITIES THE GOVERNOR OF BANK INDONESIA,

Corporate Code of Conduct. (Group) Company Secretary

Commercial legal expenses insurance

Managing charity assets and resources

Company Accreditation

Response from [the Complainants] Compensation for distress and inconvenience

NORTHERN IRELAND CIVIL SERVICE CODE OF ETHICS CIVIL SERVICE COMMISSIONERS CORE GUIDANCE MAY 2013

Commercial legal expenses insurance

This Code, which is binding upon all ABTA Members, has been approved by the Board of Directors.

Motor Legal Protection Insurance Policy

TABLE OF CONTENTS INTRODUCTION... 6

National Hardship Policy

SECURITIES TRADING POLICY

Appeals Policy. 1. Purpose

Commercial legal expenses insurance

The County Insurance SME POLICY SUMMARY Commercial Legal Expenses Insurance

Data Protection Policy

This document is a record of the information provided in the Annual Return 2016.

RULES OF THE ACTUARIAL SOCIETY OF FINLAND

TRUSTED TRADER CONTENTS. Terms and conditions of scheme membership.

Solicitors Risks: Trends & Claims Update 2017/2018

Why you need Essential Business Legal Solutions

This document is a record of the information provided in the Annual Return 2017.

Concerns Policy. Policy Title: Corporate Policy and Procedures. Policy No. CE POL Revision No. 001

Policy 42 Anti-Fraud, Anti-Theft & Anti-Corruption

ADMISSIONS AND LICENSING COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

COVER LETTER TO: CIRCULAR LGRJF/10 FEBRUARY Cc: DoE Local Government Division, Public Service Commission

Putting Consumers First. Code of Practice The Professional Financial Claims Association. All rights reserved.

Declaring and Managing Interests Including Managing Conflicts of Interest

That s the world of Denplan for you. The Denplan Rules

found Complaint one:

FIDUCIARY LIABILITY COVERAGE PART

STATEMENT OF INSOLVENCY PRACTICE 9 (SCOTLAND) REMUNERATION OF INSOLVENCY OFFICE HOLDERS

GUIDELINES ON AUTHORISATION AND REGISTRATION UNDER PSD2 EBA/GL/2017/09 08/11/2017. Guidelines

Mr Paul Skarbek of St Albans, United Kingdom CIMA Disciplinary Committee Meeting held on 23 November 2017

BUYER/SELLER BEWARE: EMPLOYMENT ISSUES IMPACTING THE SALE OF A BUSINESS

elite IV Directors and Officers Insurance Policy Elite IV_1 x.07

Transcription:

Headway Personal Injury Lawyers Code of Conduct Introduction The public has high expectations of voluntary organisations and the manner in which they conduct themselves. Maintaining public confidence requires voluntary organisations to be completely independent, exemplary in their conduct and to act at all times in the interests of their beneficiaries The public has equally high expectations of the legal profession with the anticipation that they will receive a service based on the core principles of honesty, objectivity, integrity, respect and professionalism. Since the formation of Headway in 1979 there has been a clear recognition of the value to service users/carers of providing high quality legal advice. With this in view, Headway produces the Solicitors List of firms with appropriate experience and expertise in dealing with brain injury. In many cases lawyers have played an important role in the establishment and development of Headway at both a local and UK levels. Solicitors frequently serve as Trustees of Headway Groups where their professional expertise can be a valuable asset to the charity. Charities must operate in a manner in which they avoid any actual or perceived impropriety. They must also conduct themselves in a manner, which does not bring the organisation into disrepute. To avoid potential difficulties for both parties Headway UK has decided that it is appropriate to introduce a Code of Conduct for: Local Headway Groups and Branches providing clear guidance regarding their relationship with personal injury lawyers. Solicitors serving as Trustees or Management Committee Members. Solicitors wishing to be included in the Headway Solicitors List. 1. Headway Groups: i. Should avoid any actual or reasonably perceived impropriety. ii. Should not conduct themselves in a manner, that could reasonably be regarded as bringing the organisation into disrepute. Personal Injury Lawyers Code of conduct 2013 Page 1

iii. Should not allow situations to occur where the independence of the charity is compromised. iv. Should not recommend or endorse a particular firm of personal injury lawyers to service users/carers. Service users/carers seeking advice on a suitable firm should be provided with the names of a minimum of three firms from the Solicitors List and encouraged to make an informed choice using the guidance set out in the solicitors list (a copy of which should be provided). v. Should nominate (a) person(s) (without links to a firm of personal injury lawyers) to take responsibility for dealing with enquiries about personal injury lawyers on behalf of the Charity. vi. Should not approach a solicitor on behalf of a service user. In promoting the independence and choice of the service user, Headway UK and affiliated charities believe that service users/carers should seek this advice independently. vii. Should not permit any of its services (such as a telephone helpline, hospital visiting service or outreach service) to be controlled/staffed by partners or employees of a firm of personal injury lawyers. viii. Should ensure that no Trustee, Member of the Management Committee, Member of Staff, Volunteer or other person associated with the Charity receives a fee for the introduction of a client to a firm of personal injury lawyers. 2. Personal Injury Lawyers (and their employees) whilst serving as a Trustee or Member of a Headway Management Committee i. Should not gain any direct financial or other material benefits for themselves or their employers whilst performing these duties. ii. Should pay particular attention to the need to resolve conflicts of interest that arise by: declaring them, withdrawing where appropriate and resolving the conflict in favour of their Trustee or management committee role. iii. Should ensure that the Group or Branch observes the correct procedure [see section 1(iv)] when approached by a service user for advice about Personal Injury Lawyers. iv. Should not offer advice about personal injury lawyers to service users/carers. In the event that they are approached they should: a. Make it clear that because they are employed by a firm of personal injury lawyers they cannot offer such advice. b. Refer the enquiry to the person(s) nominated by the Group to deal with such enquiries. 3. Personal Injury Lawyers (and their employees) included in the Headway Solicitors List i. Should, when dealing with service users/carers, conduct themselves in a manner, which upholds and enhances the reputation of Headway. ii. Should not claim to have specialist skills or experience, which they do not possess. Personal Injury Lawyers Code of conduct 2013 Page 2

iii. Should not put pressure on Headway Groups and Branches to endorse or recommend the services offered by the firm. iv. Should provide Headway service users/carers with a free initial consultation to answer any questions they may have, provide them with appropriate information about the firm and to allow them to make an informed choice. v. Should not put undue pressure on Headway service users/carers to appoint the firm to act on their behalf and should recognise their right to consider other solicitors prior to making a decision about who should represent them. vi. Should act in the best interests of the service users/carers and not make excessive or unnecessary charges. vii. Should keep themselves up to date with current law and undertake regular training to help them fully understand the needs, issues and perspectives of Headway service users/carers. viii. Should recognise that service users/carers are often coping with extremely distressing circumstances and treat them with the respect and sensitivity required at such times. ix. Should respect the privacy and dignity of the service users/carers and not make unsolicited approaches within the hospital or other clinical settings, which might be interpreted as applying undue pressure on Headway Service users/carers. Personal Injury Lawyers Code of conduct 2013 Page 3

Appendix 1 Procedure for dealing with a Breach of the Headway Personal Injury Lawyers Code of Conduct 1. Details of any alleged breach of the Headway Personal Injury Lawyers Code of Conduct should be notified to the Chief Executive of Headway UK. 2. The Chief Executive (or his appointee) will fully investigate the allegation and report back to a panel of the Board of Headway UK. 3. If it is felt that there is a case to answer the Panel will consider the matter at a meeting convened for that purpose. At each stage the subject of the alleged breach will be given the opportunity to answer the complaint. 4. An appeal against the decision of the Panel must be made within 21 days of the notification of the decision and will be heard by the Executive Committee of Headway UK whose decision will be final. Personal Injury Lawyers Code of conduct 2013 Page 4

Appendix 2 Sanctions available to the Board of Headway UK for a breach of the Headway Personal Injury Lawyers Code of Conduct 1. Headway Groups and Branches Headway Groups/Branches or members of its Board/Management Committees found to be in breach of the Headway Personal Injury Lawyers Code of Conduct will be dealt with through the procedure laid down in section six of The Rules of Affiliation. 2. Personal Injury Lawyers wishing to be included in the Headway Solicitors List If having considered the issue carefully the panel reach the conclusion that the code has been breached it may: a. Censure the firm and warn it as to its future conduct. b. Suspend the firm from inclusion in the Solicitors List for a specified period. c. Permanently exclude the firm from inclusion in the Solicitors List. Personal Injury Lawyers Code of conduct 2013 Page 5