4. The principal Rules are amended by inserting, immediately after rule 11, the following rules:11A.—(1) An advocate and solicitor, a law firm or a law corporation shall not tout for business or do anything which is likely to lead to the reasonable inference that it is done for the purpose of touting.(2) Without prejudice to the generality of paragraph (1), where there is reason to believe that a client is referred to an advocate and solicitor, a law firm or a law corporation by a third party, the advocate and solicitor, law firm or law corporation, as the case may be, shall —(a) | maintain the independence and integrity of the profession and not permit the referror to undermine the professional independence of the advocate and solicitor, law firm or law corporation; | (b) | not reward the referror by the payment of commission or any other form of consideration; | (c) | not allow the referral in any way to affect the advice given to such client; | (d) | advise the clients impartially and independently and ensure that the wish to avoid offending the referror does not in any way affect the advice given to such clients; | (e) | ensure that the referror does not in any way influence any decision taken in relation to the nature, style or extent of the practice of the advocate and solicitor, law firm or law corporation; and | (f) | communicate directly with the client to obtain or confirm instructions in the process of providing advice and at all appropriate stages of the transaction. |
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11B.—(1) In addition to rule 11A, when an advocate and solicitor, a law firm or a law corporation enters into agreements for referrals of conveyancing services, the advocate and solicitor, law firm or law corporation, as the case may be, shall ensure that the agreement is made in writing and contains the following terms:(a) | the referror undertakes in such an agreement to comply with these Rules and the Legal Profession (Publicity) Rules (R 13); | (b) | the advocate and solicitor, law firm or law corporation shall be entitled to terminate the agreement forthwith if there is reason to believe that the referror is in breach of any of the terms of the agreement; | (c) | any publicity of the referror (whether written or otherwise), which makes reference to any service that may be provided by the advocate and solicitor, law firm or law corporation, must not suggest any of the following:(i) | that the conveyancing service is free; | (ii) | that different charges for the conveyancing services would be made according to whether or not the client instructs the particular advocate and solicitor, law firm or law corporation; or | (iii) | that the availability or price of other services offered by the referror or any party related to the referror are conditional on the client instructing the advocate and solicitor, law firm or law corporation; and |
| (d) | the referror must not do anything to impair the right of the client not to appoint the advocate and solicitor, law firm or law corporation or in any way influence the right of the client to appoint the advocate and solicitor, law firm or law corporation of his choice. |
(2) The advocate and solicitor, law firm or law corporation, as the case may be, must forthwith terminate the agreement if the referror is in breach of any term referred to in paragraph (1) or if there is reason to believe that the advocate and solicitor, law firm or law corporation is in breach of such term. |
(3) Where the advocate and solicitor, law firm or law corporation has terminated an agreement under paragraph (2), the advocate and solicitor, law firm or law corporation, as the case may be, may continue to act in matters the advocate and solicitor, law firm or law corporation was instructed prior to the termination but should not accept any further referrals from the referror.”. |
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