2. Maintaining Trust and Acting Fairly Flashcards
To whom do the standards regarding maintaining trust and acting fairly apply?
Solicitors and firms
Discrimination
What is the legal obligation to provide reasonable adjustments to disabled clients and employees?
Who should absorb the costs of these adjustments?
Such that they are not placed at a substantial disadvantage compared to those who are not disabled.
Costs of the adjustment must not be passed on.
Discrimination
Do all adjustments have to be implemented?
No, only those which are reasonable
Misleading Others
What are three ways in which a solicitor may mislead a client or the court?
- Affirmative acts
- Omissions
- Being complicit in the acts or omissions of others
Misleading Others
What is a situation on the SQE where a misleading omission could be tested?
Where the solicitor fails to inform the other side that their view on a matter is incorrect
Undertakings
What is an undertaking?
Statement, oral or in writing, irrespective of use of the word undertaking…
…made to someone who reasonably places reliance on it…
…that you or a third party will do/refrain from doing something, or cause something to be done.
Undertakings
Within what timescale must an undertaking be performed?
Within whatever timescale is agreed
Undertakings
What timescale applies to undertakings where none is agreed?
Within a reasonable amount of time
Undertakings
Who can give an undertaking?
Anyone, including non-lawyers
Undertakings
Is a solicitor who gives an undertaking to pay the other side’s legal fees out of the client’s proceeds bound even though the money isn’t yet in the client account?
Yes
Undertakings
How will an ambiguous undertaking be construed?
Against the party that gave it
Undertakings
What is the duty where an undertaking is given dependent on a future event, and it becomes clear the event will not occur?
Notify the recipient of the undertaking
Undertakings
In what way is a solicitor bound by an undertaking?
Personally
Does an undertaking need to be in writing?
No, it can also be oral
What is best policy regarding undertakings?
To make them in writing, in line with firm’s policy and to keep a clear record of them
