European Lawyers Face Possibility Of Single Code Of Conduct

by Ulrika Lomas, for LawAndTax-News.com, Brussels

26 January 2004

Reports in the regional media have suggested that under new proposals released by the European Commission, lawyers could be subject to an Europe-wide code of conduct which would prohibit fee-sharing with, or the payment of referral fees to, non-lawyers.

The draft of the EU Framework Services Directive suggests an extension of the current EU-level code of practice for cross border legal services to cover domestic work.

Speaking to the Law Gazette, Jonathon Goldsmith, secretary general of the Council of the Bars and the Law Societies (CCBE), which is likely to be called upon to write the new code, explained that:

"The draft directive says that member states shall encourage national bars to adopt the common code. The Law Society will be encouraged by the UK government to adopt it."

However, given that the UK's Law Society has recently voted to allow fee sharing and the payment of referral fees, the government is likely to receive short shrift on this issue. Responding to the release of the proposals last week, Law Society chief executive, Janet Paraskeva announced that:

"We recognise the importance of harmonising codes of conduct, particularly for cross-border work, but it is important that this does not impose unnecessary restrictions on the way in which English and Welsh lawyers can carry out business in this country."

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