The LAF Code of Conduct
(Nothing in this code should interfere with a solicitor’s foremost duty to act in the best interests of their client at all times and to adhere to the solicitors’ code of conduct)
1.0 THE OBJECTIVES OF LAF ARE:
1.1 To prevent and actively combat fraudulent claims;
1.2 To prevent and minimise members’ financial losses to those connected with fraudulent claims;
1.3 To consider and discuss general questions arising from personal injury claims where allegations or suspicion of fraud arises.
2.0 THE DUTIES OF A LAF MEMBER INCLUDE:
3.0 LAF MEMBERS AGREE TO:
3.1 Adhere to the LAF Constitution and Code of Conduct;
3.2 Nominate a representative to receive confidential emails from the Committee warning them about potentially fraudulent activity;
3.3 Never forward on the contents of those emails to any other person, without the prior approval of The Committee;
3.4 Never allow the nature or contents of any email to be released to or discussed with anybody outside the member firm or LAF without the prior approval of The Committee;
3.5 Ensure that no person connected with the member firm allows the contents of any email to be released to or discussed with anybody outside the member firm or LAF without the prior approval of The Committee;
3.6 Not discuss anything that is said within any meeting of LAF with anybody outside of the member firm without the prior approval of The Committee;
3.7 Ensure that no person connected with the member firm discusses anything that is said within any meeting of LAF with anybody outside the member firm or LAF without the prior approval of The Committee;
3.8 Actively share information within LAF about any company or individual who they suspect is involved in any fraudulent activity relating to RTA claims;
3.9 Provide feedback, if asked by a fellow member, on any company or individual who they have had any dealings with in relation to RTA claims and specifically the perceived integrity of that individual or company;
4.0 LAF MEMBERS ARE EXPECTED TO :
4.1 Be open about their involvement in LAF with referral sources, service providers and Defendant insurers and solicitors.
4.2 Ensure that file handlers in their firms deal proactively and progressively, where possible, with claims where fraud is alleged.
4.3 Promote the reputation of LAF in the way that claims are dealt with following allegations of fraud being raised.
4.4 Share experiences and information, where possible, of claims involving allegations or insinuations of fraud.
4.5 Attempt to improve the reputation of LAF members and Claimant solicitors generally within the media, the insurance industry, the CMC industry and public opinion generally.
5.0 THE LAF WEBSITE
5.1 In order to maintain security, only one person in each member firm should be provided with the relevant password details to access the secure area of the LAF website. That should be the same individual as the person who is nominated under clause 3.2 above who will be receiving all confidential emails.
6.0 MEMBERS NOT JOINTLY LIABLE
6.1 Each Member Firm accepts that, in the event of some act or omission on the part of a member firm or any of its employees or associates, which leads to any claim for damages against that Member Firm, either in defamation proceedings or any other type, no other Member will become jointly liable by reason only of its membership of LAF.
6.2 Each member agrees that defamation claims arising from unauthorised disclosures by members to persons outside the group will not result in liability for any other member by association with the group.
7.0 AUTHORISED DISCLOSURES OUTSIDE OF THE GROUP
7.1 Any authorised disclosure of information outside of the group to any body or person should only be made if that body or person agrees to indemnify members of the group against liability in defamation arising therefrom.
8.1 Membership entitles each member firm to display the LAF logo on their letterhead, email footer and their website, should they wish to do so and provided that there membership fees are paid fully up to date and they have taken no action to breach or contravene this Code of Conduct.
8.2 If at any time a membership is discontinued or a member firm is expelled, the former member has a period of 28 days from the date that their membership is deemed by the committee to have ceased in which to remove the logo from the respective documents.
8.3 LAF will seek to represent and promote the interests of its members at any relevant conferences or meetings and through articles and press releases via the committee members but in the event that a member wishes to actively attend a conference or meeting as a respresentative solely of LAF, as opposed to that member’s own firm, then permission must be sought from the committee. If any member wishes to write an article and present it for publication on behalf of LAF then the member must again seek the permission of the committee by forwarding to them a copy of the respective article for approval. This preserves the interests of members and ensures that any publications or representations are made appropriately and in accordance with the objectives of the group.