07.07.22.- Ethics Flashcards
Solicitor must not provide or offer to provide any …. to witnesses dependent upon the nature of their evidence or the outcome of the case
benefit
a solicitor can interview another parties’ witness.
True or false
true
a solicitor is not allowed to …. a witness to change their evidence.
persuade
Reading the letter or passing it on to the client would breach SRA Principle 2 (…. ….) and 5 (…..). Although a solicitor does have a duty to act in his or her client’s …. ….(SRA Principle 7) and an argument could be made that this is served by knowing the letter’s contents, the Introduction to the SRA Principles makes clear that when Principles conflict, those safeguarding the wider public interest prevail.
public trust
integrity
best interests
The senior partner is in breach of Paragraph 8.5 because the complaint has not been dealt with …. and the Legal Ombudsman may report the senior partner to the SRA for that reason.
promptly
Although the complaint was unjustified, it has not been dealt with properly and so the Legal Ombudsman may still take action, including requiring the client to be compensated for ….. and so on.
inconvenience
Paragraph 8.7 requires the solicitor to ensure that the client receives the best possible information about how the matter will be …. and the likely overall … of the matter.
priced
cost
Where a solicitor receives confidential information by mistake, immediately on becoming aware of the error, the solicitor must …. the papers to the originating solicitor without reading them or otherwise making use of their contents (Ablitt v Mills & Reeve [1995]).
return
the solicitor has no personal involvement and so there is no …. interest conflict.
own
Whilst a failure to perform an undertaking may result in disciplinary proceedings being taken against the solicitor, only the court has the power to …. an undertaking.
enforce
Under Paragraph 2.7 a solicitor is under a duty to draw the court’s attention to cases which are likely to have a …. effect on the case. Compliance with the duty is not dependent on the client’s …
material
consent
Chapter 9 Conduct Manual
If a client admits privately to his solicitor, then the solicitor cannot inform the court of the truth without the consent of the client as to do so would be a breach of confidentiality.
the solicitor must not …. the court yet must obtain the client’s consent to disclose …. information.
mislead
confidential
The parties should attempt to resolve any outstanding issues in relation to disclosure through correspondence before an …. is issued.
application
Para 6.2 of the Codes states that you must not act in relation to a matter or a particular aspect of it if there is a conflict of interests or a significant risk of one, unless either the ‘…. …. …’ exception or the ‘competing for the same …..’ exception applies. The effect of this is that a firm can never act for both sides of a litigation matter.
substantially common interest
objective
The undertaking is binding both on the individual and the firm. The fact that the solicitor was motivated by trying to avoid court proceedings does not …. the solicitor from liability.
exclude
