• The Association of Personal Injury Lawyers (APIL) was established in April 1990 by a group of barristers and solicitors working for plaintiffs, dedicated to the improvement of services provided for victims of accidents and disease.
• APIL's head office, based in Nottingham, is staffed by dedicated full-time staff under the direction of a Chief Executive, reporting to APIL's elected Officers.
• Members of APIL subscribe to a code of conduct and support APIL's main objectives.
• Membership of APIL is on the basis of a commitment to APIL's objectives and this code. Membership is not a guarantee of excellence or specialisation.
• APIL's objectives are to promote:-
• To promote full and just compensation for all types of personal injury
• To promote a communication network for members
• To promote and develop expertise in the practice of personal injury
law
• To campaign for improvements in personal injury law
• To promote safety and alert the public to hazards wherever they arise
• To promote wider redress for personal injury in the legal system
• APIL members recognise the need to:
• Provide a professional service
• Keep their clients regularly informed
• Proceed expeditiously with all personal injury claims
• Give independent advice
• Share information with other APIL members
• Keep themselves informed, educated and up to date with current law and
procedure
• Maximise the amount of compensation receivable in the hands of the client
• Ensure the client is fully aware of, and fully and professionally advised,
on all costs issues, including legal aid.
• Ensure that clients have the opportunity to receive advice on the investment
and/or use of damages.
Code of Conduct
1. APIL members will act in the best interests of the client
2. APIL members shall at all times behave and act in a manner which will uphold the standing and good reputation of plaintiff personal injury lawyers and APIL.
3. No APIL member shall pursue a frivolous claim issue or position. However, no APIL member should refrain from taking or pursuing any claim issue or position that is believed to have merit.
4. No APIL member shall make excessive or unnecessary monetary charges to the client.
5. No APIL member shall personally or through an agent make representations of experience or specialist skills which they do not possess.
6. No APIL member shall knowingly make any statement, whether in publicity material to a prospective client, an existing client, or otherwise which may give the client false expectations.
7. No APIL member shall undertake false deceptive or misleading advertising.
8. APIL's logo shall not be used by any APIL member, either personally or through their firm, for advertising or marketing purposes. Members are however able to identify their individual APIL membership.
9. No APIL member shall personally, or through a representative, directly contact a potential client except through permitted advertising, where there has been no request for such contact. "Permitted advertising" is defined as "advertising which complies with the Code of Practice of the Advertising Standards Authority and with the Rules of the member's relevant legal professional body".
10. Save where permitted by rules of the member's relevant legal professional body, no APIL member shall pay or receive a fee for the introduction of clients.
11. No APIL member shall knowingly accept a referral from a person, whether an APIL member or not, who obtained the representation by means contrary to this code.
APIL
Enforcement of Code of Conduct
1. Details of any alleged breach of Code of Conduct to be notified to APIL's Secretary.
2. If the Secretary is of the opinion that there is a prima facia breach of the Code but that such breach is not grave or persistent, the Secretary will communicate with the member or members concerned to attempt to resolve the matter complained of.
3. If the Secretary is of the view that the prima facia breach is grave or persistent, or if a complaint dealt with under paragraph 2 above cannot be satisfactorily resolved, the Secretary and 3 other EC members shall investigate the alleged breach, giving the member proper opportunity to answer the complaint, and ensuring the member is aware of the relevant Articles of Association relating to termination or suspension of membership.
4. The 3 member EC panel will report to the EC who will decide on the issue(s) and whether membership should be suspended or terminated. In the event that pending the opinion of the Executive Committee on the issue of breach it forms the view that it is appropriate to do so, the Executive Committee may suspend the membership of any member pending such opinion. The decision and reasons for it will be notified in writing.
5. An appeal against the EC's decision must be made to the Secretary in writing within 21 days of notification to the member of the EC's decision.
6. An appeal will be dealt with by an Appeals Panel consisting of an independent legally qualified chair (who shall not be or have been an APIL member), appointed by the EC, and two other panel members who shall be appointed by the chair, one of whom shall be a past officer of APIL, and the other of whom shall be a member of APIL who is not currently, nor ever has been a member of the EC.