DUTIES OF AN INDEPENDENT PRACTITIONER WHILE CARRYING OUT A GR ENGAGEMENT
Submitted by christian on Thu, 08/21/2014 - 17:45
- A Practitioner shall refrain from giving contradictory opinions or advice to a client. Before expressing an opinion or giving advice to a client, a Practitioner shall seek to obtain complete knowledge of the facts. The Practitioner shall inform the client of the scope of the engagement, the terms and conditions for carrying it out and obtain his or her consent as soon as possible. If, during the engagement, a new fact occurs that could alter the scope thereof or the terms and conditions for carrying it out, the Practitioner shall inform the client and obtain his or her consent as soon as possible.
- A Practitioner shall set out, for the client, in a complete and objective manner, the nature and scope of the problem as he or she sees it on the basis of the facts brought to his or her knowledge by the client. The Practitioner shall also inform the client of the inherent and foreseeable risks associated with a proposed solution to the problem.
- In addition to his or her opinion and advice, a Practitioner shall provide any explanation necessary for the client to evaluate and understand the professional services received.
- A Practitioner shall notify the client through a written agreement of the approximate and foreseeable cost of his or her professional services with regards to disbursements and fees. The fees charged by a Practitioner shall be reasonable taking into account the facts and circumstances of the engagement. The Practitioner shall also provide the client with any explanation necessary to understand his or her account of fees and the terms and conditions of payment.
- A Practitioner shall avoid performing or multiplying professional acts that are not justified by the nature of the engagement entrusted to him or her by the client.
- A Practitioner shall submit to his or her client any offer of settlement relating to the engagement entrusted to him or her by the client.
- A Practitioner shall upon the client's request, account for the progress of the engagement entrusted to him or her by the client.
- A Practitioner shall cease providing professional services to the client if the latter terminates the engagement.
- A Practitioner may not unilaterally terminate an engagement entrusted to him by an employer or client, except for valid and reasonable grounds. The following shall, in particular, constitute valid and reasonable grounds: (1) the Practitioner is in conflict of interest or a situation in which his or her professional independence could be questioned; (2) the client's confidence is lost; (3) the client has been deceitful or failed to cooperate; (4) the client has refused to pay the Practitioner’s fees; (5) the client has attempted to induce the Practitioner to commit a discriminatory, fraudulent or illegal act; and (6) it is impossible for the Practitioner to communicate with the client or to obtain from him the elements deemed necessary to carry out the engagement.
- A Practitioner who, for valid and reasonable grounds, wishes to unilaterally terminate an engagement shall give prior notice to that effect indicating when the Practitioner will terminate the engagement. The Practitioner shall give that notice within a reasonable time, allowing time for employment of another practitioner and ensure, as is practicable, that it shall not be prejudicial to his or her client. The Practitioner shall surrender papers and property to which the client is entitled.
- A Practitioner shall indicate to their clients their membership in AALEP and the existence of obligations under the Association’s Code of Ethics and Practice.
- A Practitioner shall disclose any known conflict of interest to their relevant clients and resolve the conflict issue promptly.
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