Solicitors are referred to the rules when actively seeking or being referred work via cold callers operating in the world of timeshare
Solicitors’ Code of Conduct 2007
7.03 Unsolicited approaches in person or by telephone
(1)
You must not publicise your firm or practice by making unsolicited approaches in person or by telephone to a member of the public.
7.05 Responsibility for publicity
You must not authorise any other person to conduct publicity for your firm or practice in a way which would be contrary to rule 7 (and , if applicable).
7.06 Application
(1)
Rule 7 applies to any publicity you or your firm conduct(s) or authorise(s) in the course of setting up or carrying on the practice in relation to:
(a)the firm or your practice;
(b)any other business or activity carried on by you or your firm; or
(c)any other business or activity carried on by others.
(2)Rules 7.01 to 7.05 apply to all forms of publicity including the name or description of your firm, stationery, advertisements, brochures, websites, directory entries, media appearances, promotional press releases, and direct approaches to potential clients and other persons, and whether conducted in person, in writing, or in electronic form.
Guidance to Rule 7 includes
“Cold calling”
30.Rule 7.03(1) prohibits you from making unsolicited approaches, either in person or by telephone, to a “member of the public”. This is intended to protect the public from the intrusiveness and pressure of unsolicited telephone calls and approaches in person. This rule, therefore, bans what is often termed “cold calling” and prohibits, for example, knocking on doors, approaching people newly arrived at ports of entry, approaching someone in the street, in a hospital or at the scene of an accident, or handing out leaflets in the street. The rule also prohibits approaching a member of the public (either in person, e.g. in the street or by telephone) to conduct a survey which involves the collection of contact details of potential clients, or otherwise promotes your firm’s practice.
A combination of 7.03, 7.05 (Responsibility for publicity) and 9.02 (Financial arrangements with introducers) means that you must not have a financial arrangement with an introducer in respect of business which has been obtained (either by that introducer or through an intermediary) by way of unsolicited face-to-face or telephone “cold calling”.
This means that, if a member of the public has indicated in a general consumer survey that they may have a claim, you cannot contact them in person or by telephone unless:
(a) they have explicitly agreed to be contacted about making a claim; and
(b) their response to the questionnaire was not obtained as a result of an unsolicited approach, in person or by telephone, by your firm, or by any party authorised by your firm, or by any other party if your firm has a financial arrangement with the introducer.
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