Codes of Practice for laworld members

1. Publicity and ethics

1.1 Members shall avoid adverse publicity, both for LAWorld, other member firms and their own law firms.

1.2 Members shall impose the obligations from article 1.1 upon those they employ or hire.

1.3 Members shall only seek publicity when this is in accordance with the wishes, the interest of their clients and in conformity with the rules of their national law society.

1.4 Members shall abide with the laws and codes of their national law society.

1.5 Members shall endeavour to represent and refer only clients of good standing.

2. Business referral procedures

2.1 On receipt of a business referral, acknowledgement will be given within three working days.

2.2 Referral work must always be the subject of an engagement letter to be issued by the member firm to whom the work is referred. The following items must be included in the engagement letter or in a covering letter sent with the engagement letter:

(a) a description of the work to be undertaken.

(b) nature of independent contractual relationship and responsibilities.

(d) a statement indicating the professional indemnity insurance which is required in the jurisdiction, and the amount which is actually held by the firm.

(e) the name of the partner responsible for carrying out the work together with details of staff assigned.

(f) the hourly charge-out rates applicable. Copies of engagement letters must be made available to referring firms upon request.

2.3 A partner must always be responsible for satisfactory completion of the work referred by another member.

2.4 No member shall conduct business in the name of LAWorld but only in the name of their own independent firm.

2.5 Members shall not refer work where they foresee that the client will not be able to settle the fees. Settlement of the fees, however, is the responsibility of the member to whom the work is referred. Members to whom work is referred will generally ask for an advance payment and the referring law firm will inform the client accordingly.

2.6 Members shall not accept referrals for which they do not have the necessary expertise. In that case they will recommend another law firm that has the required expertise.

2.7 After having received all the necessary information, members will give their first opinion as to the referred case, to the client within 10 working days.

2.8 The referring and the referred law firm will agree the manner, form and extent to which information is communicated either directly or indirectly with the client.


LAWorld News

Is this the end of unfair preferences in Australia? Significant win for an Australian business

For the first time in Australia, the District Court of Queensland has squarely held that such a defence is available to unfair preference claim defendants.  In the recent decision of Morton v Rexel Electrical Supplies Pty Limited (Morton), Sydney law firm Polczynski Lawyers succeeded in establishing a new defence to unfair preference claims that, if accepted by other courts, has the potential to significantly reduce the scope for such claims.

Polczynski Lawyers satisfied the Australian court that a defendant to an unfair preference claim should be allowed to "set off" the preference claim against them against the balance of the debt owed to them by the debtor.  So, if still owed a debt of $100,000 and faced with an unfair preference claim of $100,000, the defendant may say that one claim cancels out the other, leaving no net debt at all.

For more information please contact Stephen Polczynski, Polczynski Lawyers on SPolczynski@plawyers.com.au 

Business News

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Internet entrepreneurs back Chinese Tesla rival NextEV
Mon, 31 Aug 2015 19:02:05 GMT
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Wall Street falls as investors fret about rate-hike timing
Mon, 31 Aug 2015 18:59:51 GMT
(Reuters) - Wall Street was lower on Monday afternoon as investors worried that the Federal Reserve ...

Upcoming Events

LAWorld Annual Conference (Cape Town) from 5pm on Tuesday the 5th of April, 2016 to 2pm on Friday the 8th of April, 2016

Europe/Middle East Regional Meeting and Lawyers Next Generation (Bratislava) from 5pm on Friday the 5th of February, 2016 to 5pm on Saturday the 6th of February, 2016

North and South America Regional Meeting (Miami) from 6pm on Wednesday the 11th of November, 2015 to 2pm on Friday the 13th of November, 2015

Europe/Middle East Regional Meeting and Lawyers Next Generation (Milan) from 5pm on Friday the 18th of September, 2015 to 5pm on Saturday the 19th of September, 2015

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