The Gazette 1994

GAZETTE

DECEMBER 1994

N E W S

News f r om t he Cr imi nal Law Commi t t ee

solicitor should so inform the court and seek to have the accused's case put back in order to enable a consultation to take place. before a court on charges which may in normal circumstances be described as "new charges" but such person has already retained a solicitor in related proceedings, no solicitor shall accept instructions from such person on those new charges unless he/she receives instructions in respect of all charges before the court and complies with the provision of paragraph 6 below in discharging the retainer of the previously instructed solicitor. instruction to act for a client in an appeal even if that solicitor did not act for the client in the original proceedings except where another solicitor has previously been retained and is on record in respect of the appeal. encourage or offer inducements to any person with a view to obtaining instructions from such person. instructions to act for a client in a case where another solicitor has already been retained in that matter without ensuring that the first solicitor's retainer is discharged. This provision will not be applicable where a solicitor is assigned by a court to act for the accused on legal aid.

The Committee announces that the Council of the Law Society passed two resolutions which affect all criminal law practitioners, at its meeting on Friday 28 October 1994. Firstly, the Guidelines'on Professional Conduct for Criminal Practitioners were approved by Council and have immediate effect. The full text of the Guidelines is printed below. Secondly, the Council approved an agreement with the Minister for Justice in relation to fees for exceptional cases in the District Court and on appeal to the Circuit Court under the Criminal Legal Aid Scheme. 1. A solicitor should not, either by him/herself or by anyone on his/her behalf, approach a person who might become a client with a view to representing that person. 1.1 Before taking instructions from any person in any criminal case, a solicitor should satisfy him/herself that that person has not already engaged the services between solicitors relating to the transfer of a solicitor's case from one solicitor to another in a criminal matter, the matter should be referred to the Professional Purposes Committee of the Law Society for resolution. 2. Where a solicitor requires, for consultation purposes, to visit a prisoner in custody in cells within a courthouse or in the immediate vicinity of a court, the of another solicitor in that particular case or in related proceedings. 1.2 In the event of disagreement The agreement has not yet been signed but the full text of it is printed below. Guidelines on Professional Conduct for Criminal Practitioners

Agreement between the Minister for Justice and the Law Society in relation to the payment of enhanced fees to solicitors assigned to exceptional cases in the District Court and appeals to the Circuit Court in pursuance of certificates

3. Where an accused is brought

for free legal aid under the Criminal Legal Aid Scheme.

Preamble

The standard fee payable to solicitors under the Criminal Legal Aid scheme has been set at a level to cover cases ranging from those which are straightforward to those which are relatively complex. It is however, acknowledged that a small minority of cases are of an entirely exceptional nature and warrant the payment of an enhanced fee. Because the enhanced fee is only payable in respect of entirely exceptional cases, it is expected that claims for enhanced fees will be rare. 1. There shall be an enhanced fee payable by the Department of Justice to solicitors under the Criminal Legal Aid Scheme for exceptional cases coming before the District Court and appeals to the Circuit Court. exceptional cases shall be £350 for first day of hearing in cases involving one defendant and the first defendant in cases involving multiple defendants. Such fee shall be payable with effect from 1 June, 1993. 3. The Department of Justice having consulted with the Chief State Solicitors Office shall decide on whether a particular case is exceptional. Terms of Agreement 2. The enhanced fee payable for

4. A solicitor may accept an

5. A solicitor should not actively

6. A solicitor shall not accept

7. A solicitor who is in breach of any of the provisions of this code

of conduct will be liable to disciplinary proceedings for unprofessional conduct.

4. The following factors shall be regarded as having relevance to

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