All Designated Legal Counsel (DLC) shall
agree as a condition of becoming or remaining a DLC that he or
she will be subject to and fully comply with the Rules of
Conduct. Each DLC shall, as a condition of becoming or remaining
a DLC, shall specifically in writing waive any and all recourse
to any court of law or any tribunal to challenge any action of
the officers and agents of the UTU which in any way relates to
the DLC program.
All DLC shall agree as a condition of
becoming or remaining UTU Designated Legal Counsel that he or
she will comply with and be subject to the ABA Model Rules of
Professional Conduct as well as the state-law professional
responsibility rules and canons for the jurisdictions in which
they practice.
The agents of the Union, its officers,
staff, and representatives have a duty to exercise their
authority solely on behalf of and for the benefit of the UTU and
its members. The agents of the union must set aside their
personal interests and act in the best interests of the Union
and its members. No prospective or current DLC shall aid or abet
anyone in the violation of their fiduciary duty.
Because an agent of the UTU must make
each decision based solely on the best interests of the union,
it is necessary that the agent be free of improper outside
influences that would interfere with an ordinary person's
objectivity in making the decision. No prospective or current
DLC shall offer or attempt to improperly influence any decision
of an agent of the UTU.
Any DLC solicited for a payment or
contribution by any UTU or UTUIA officer, staff member,
employee, or member must report the details, including the date,
time and amount of such solicitation to the International
President and UTU Coordinator of Designated Legal Counsel
immediately in writing. This is in addition to and not a
substitute for any other legal or ethical requirement that may
attach.
All DLC's will be permitted to become
members of UTU, paying all dues except General Committee of
Adjustment dues, and should be available and willing to attend
their local's meetings and answer questions concerning the FELA
and related laws.
No DLC, under any circumstances, at
any time, shall become involved in union politics. DLC's
may, but are not required to, sponsor generic union social and
fraternal events and Regional Meetings to promote unity and
education among the union's officers and members.
Any request by a UTU member for a
political contribution for a union election from a DLC and any
provision by a DLC of a political contribution for a union
election of any kind including, without limitation, anything of
value such as money, goods, services or entertainment to or on
behalf of a candidate for union office is absolutely prohibited.
Any such solicitation must be immediately reported to the UTU
Coordinator of Designated Legal Counsel. The employment of or
provision of office space to full-time UTU elected officers,
staff or employees is prohibited.
Under no circumstances is a referral
fee to be paid to any UTU member or union officer who recommends
the DLC to an injured employee. If such a fee is requested,
the International President and UTU General Counsel shall be
immediately notified.
As provided in ABA Model Rule 5.4: "A
lawyer or law firm shall not share legal fees with a
non-lawyer." Any contingency fee charged by a DLC in cases
involving a UTU member concerning an on-the-job injury under
FELA and related laws will not exceed 25 percent of the
recovery, exclusive of costs.
Each DLC and members of their firm must
be willing to give advice concerning the rights and liabilities
of union members for on-the-job injury under FELA and related
laws will not exceed 25 percent of the recovery, exclusive of
costs.
Each DLC and members of their firm must
be willing to handle all actionable injury cases, not only those
of high potential recovery. They must also be willing to handle
related matters on an injured member's behalf at the Railroad
Retirement Board.
DLC's and members of their firm must be
willing to give advice concerning the rights and liabilities of
union members for on-the-job injuries, either by telephone or by
interview, at no cost to the union member, and should return all
members' calls related to such issues.
Any civil, criminal, administrative or
bar complaint, investigation or proceeding commenced against a
DLC by any union member or governmental entity shall be
immediately reported to the International President and the UTU
Coordinator of Designated Legal Counsel.
If a state bar association or other body
recommends a finding that a DLC or a member of their firm
violated ethical obligations, or such violations are found by
any court or other adjudicatory body, the DLC shall immediately
notify the International President and the General Counsel.
DLC's should immediately advise the UTU
International President if there is any significant change in
the membership of their firms (e.g., merger, consolidation,
departures, etc.).
The failure to comply with any of these
Rules shall be cause for sanctions up to and including immediate
revocation of the DLC designation by the UTU International
President, and in the case of UTU members, referral to the
International President for corrective action consistent with
the UTU Constitution.
The United Transportation Union shall
adopt a complaint procedure to review inquiries or complaints
concerning alleged violation of the Rules of Conduct.