Code of Professional Conduct for Members of New Leaf (WWF) Ltd
Purpose and Scope
- This Code establishes the professional and ethical standards expected of members of New Leaf (WWF) Ltd engaged in will writing and estate planning services.
- The objective is to ensure that members operate with integrity, professionalism, and in compliance with all applicable legal and regulatory requirements.
- This Code applies to all members of New Leaf (WWF) Ltd and must be adhered to in the delivery of services to clients.
Professional Conduct and Compliance
- Members must adhere to all relevant laws and regulations in the ensuring that clients are provided with legal and ethical advice.
- Members shall act honestly, transparently, and in the best interests of their clients at all times, avoiding misleading or deceptive practices.
- Any professional services offered by members should only be those in which they are competent and appropriately insured.
- Members are required to maintain professional development and keep up to date with changes in legislation, industry best practices, and company policies.
- If a client’s needs extend beyond the expertise of a member, they must be referred to an appropriately qualified professional.
- Members must complete services within the agreed timeframe. If unexpected delays arise, clients must be notified promptly, with an explanation of the delay.
Client Confidentiality and Data Protection
- Members must retain comprehensive records of client instructions and communications.
- Members must ensure that all client information is kept strictly confidential and only disclosed where required by law or with explicit client consent.
- Compliance with all applicable data protection legislation, including the UK GDPR and the Data Protection Act 2018, is mandatory.
- Members must securely store all client documents and personal information, ensuring adequate protection against unauthorised access.
Transparency in Service and Pricing
- Members must provide clear and accurate information about their services, ensuring that clients fully understand the nature of what is being offered.
- All fees must be clearly communicated, with written confirmation provided that outlines whether prices include or exclude VAT.
- Members must ensure that clients receive written terms of engagement before any services commence, detailing the scope of work and any applicable charges.
Instruction Taking
- Members must ensure that instructions are obtained in a clear, professional, and ethical manner. To this end:
- Clients must be of sound mind and capable of making informed decisions.
- Instructions should be taken without undue influence, coercion, or misrepresentation.
- Where a client’s capacity is in doubt, an independent assessment (e.g., medical confirmation) should be sought.
- Some clients may require additional care when providing instructions due to age, disability, illness, or personal circumstances. Members must:
- Ensure communication is clear and appropriate for the client’s needs.
- Offer extra explanations and guidance as required.
- Provide written confirmation of all advice given.
- Allow time for clients to seek independent advice if needed.
- Be particularly cautious when a family member, caregiver, or beneficiary is present during instruction-taking.
- If a client appears to be under duress or lacks the ability to understand their decisions, the member must not proceed with instructions.
- Members must ensure that instructions are obtained in a clear, professional, and ethical manner. To this end:
Attestation
- Clients must be provided with proper guidance on document execution, including:
- The requirement for independent witnesses (where applicable).
- The importance of signing in the correct legal order.
- Offering an attestation service to oversee signing, where feasible.
- If a client declines attestation, members should offer a document review service to check for errors.
- Clients must be provided with proper guidance on document execution, including:
Ethical Business Practices
- Members must conduct their business in an ethical manner, ensuring fair treatment of all clients and avoiding conflicts of interest.
- Members shall not engage in aggressive or misleading sales tactics, ensuring that clients make informed decisions without pressure or coercion.
Complaints and Dispute Resolution
- Complaints should be handled promptly, with an initial response provided within seven days and a full resolution aimed for within 28 days.
- If a complaint cannot be resolved at the member level, the matter should be escalated in line with New Leaf (WWF) Ltd’s internal dispute resolution procedures.
- Members must cooperate fully with any investigations or disciplinary proceedings initiated by New Leaf (WWF) Ltd in response to client complaints or reported misconduct.
Business Continuity
- Members should have contingency plans in place to ensure continuity of service in the event of prolonged absence, incapacity, or business closure.
Enforcement and Compliance Monitoring
- New Leaf (WWF) Ltd reserves the right to monitor compliance with this Code and to take appropriate action in cases of non-compliance.
- Breaches of this Code may result in disciplinary action, including warnings, suspension, or termination of membership.
- This Code will be reviewed periodically to ensure alignment with legal and industry developments.
Final Provisions
- This Code is binding upon all members of New Leaf (WWF) Ltd, and continued membership is contingent upon adherence to these provisions.
- Any amendments to this Code will be communicated to members in writing, with reasonable notice provided for compliance with any updated requirements.