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Professional Conduct Standards. 7: Appointment of new adviser
Professional Conduct Standards, version 3.0
| 7.1 | A client has the indisputable right to choose and to change professional advisers, to take a second opinion and to retain separate advisers on different matters even though the purpose of a new appointment may be in conflict with the interests of third parties. It is not the intention of the PCS to interfere in the commercial activities of a member or a member's firm and it is not intended to protect the position of an incumbent. |
| 7.2 | If a member who is invited to give reserved advice to a client or to the member's firm knows or has reason to suspect that another member is acting or has recently provided advice on the same or a related matter, the member should normally contact the other member at as early a stage as possible to ask whether, in that member's opinion, there are any professional reasons not to accept the appointment or any particular considerations which ought to be borne in mind before giving advice. Upon receiving such an enquiry, the other member must provide the required information as soon as possible and may make no attempt to obstruct a client who wishes to change advisers. |
| 7.3 | If the member concludes that there is a requirement to make contact with the other member, the appointment may be confirmed in principle before the other member has replied, but the member must ensure the client is aware that acceptance is provisional and the member may provide reserved advice to the client only after receiving an undertaking from the client that the advice will not be acted upon or communicated to others until the other member has had sufficient opportunity to reply. |
| 7.4 | If, however, the client, having been informed of the obligation to make contact, refuses to consent to such contact, the appointment should be declined. |
| 7.5 | Where the appointment is to give advice which is not reserved advice, but the member who is the incoming adviser is aware that the prospective client has been involved in a dispute with a previous adviser over some matter which affects the interests of third parties, the incoming adviser is advised to consider whether, having regard to paragraph 2.1 of the PCS, it is desirable to investigate the nature of that dispute (whether or not the previous adviser was a member), either by consulting the previous adviser or by making enquiries of the prospective client, before accepting the appointment. |
Page updated: 21 June 2008
Contact: Web editor
Contact: Web editor