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PCR > 2.4 Code of Conduct: Regulation and Liability > Flashcards

2.4 Code of Conduct: Regulation and Liability Flashcards

1
Q

What two compliance officers are required under Ch.7?

A

COLP and COFA

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2
Q

What does COLP stand for

A

Compliance Officer for Legal Practice

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3
Q

What does COFA stand for

A

Compliance Officer for Finance & Admin

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4
Q

What Compliance Office ensures complying with Solicitor’s Accounts Rules

A

COFA

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5
Q

Can COLP = COFA?

A

Yes

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6
Q

What Compliance Officer must be legally qualified

A

COLP

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7
Q

How are COLP and COFA chosen

A

Designated by firm and authorised by SRA

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8
Q

What qualifications must COLP and COFA have

A

Sufficient seniority to perform the role

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9
Q

Do COLP and COFA take responsibility of compliance away from owners and managers?

A

No

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10
Q

Can firm abrogate responsibility for compliance to 3rd?

A

No

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11
Q

Two general ways CoC seeks to mitigate risk exposure to clients

A

Requiring firm to inform SRA of certain things, and firms to monitor financial stability

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12
Q

Chapter on relationship between firm and regulator

A

10

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13
Q

What material changes must firm inform SRA of

A

Changes in personnel, changes in S, changes in firm, action taken by another regulator

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14
Q

Does SRA need to be informed of action taken by another regulator facing short of disciplinary action?

A

No

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15
Q

What ‘serious’ issues does firm need to inform SRA of under Ch.10

A

Financial defaults and misconduct

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16
Q

Example of serious financial default that firm must inform SRA of

A

Failure to pay rent or PII premium

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17
Q

When must firm inform SRA in terms of closing business

A

If firm ceases to be financially viable, or planning to wind down

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18
Q

What can lead to client bringing C/T claim against S

A

S failing to act with due care and skill, and loss caused

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19
Q

What is the first step taken if client alleges negligence/BoC by solicitor

A

Investigate in-house first

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20
Q

Does negligence automatically = misconduct or inadequate service?

A

No - only if wider pattern

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21
Q

If there has been a breach of the CoC, what must S do for client

A

Inform client, and encourage client to seek independent advice

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22
Q

Who must be informed if S becomes aware of breach of CoC (2)

A

Client and insurers

23
Q

Can SRA Board waive need to comply w/ Outcomes?

A

Yes, but exceptional circumstances

24
Q

Two kinds of insurance applicable to firms

A

PII and compensation fund

25
Q

Who needs PII

A

Every S held out as principal

26
Q

Who does not need PII

A

Assistance S and trainees

27
Q

What is the minimum PII cover

A

£2m/£3m

28
Q

What is the compensation fund

A

Maintained by Law Society, Ss contribute annually to held those suffering loss due to S

29
Q

When does the compensation fund not apply

A

If covered by PII already

30
Q

Three things disciplinary action can be brought against S for

A

poor service, inadequate service, or professional misconduct

31
Q

Example of poor service

A

Incompetence or lack of expertise

32
Q

Example of inadequate service

A

E.g. inadequate supervision of trainees

33
Q

Complain to who for poor service

A

LO

34
Q

Complain to who for inadequate service

A

SRA - can refer to SDT

35
Q

Example of professional misconduct

A

Neg, e.g. insufficient content of CCL

36
Q

Complain to who for professional misconduct

A

SRA

37
Q

Conduct unbeffiting S e.g.?

A

Embezzling client funds

38
Q

How many tiers to complaints procedure

A

3

39
Q

First tier of complaints procedure

A

Law firm

40
Q

Second tier of complaints procedure

A

LO and SRA

41
Q

When does second tier of complaints procedure kick in

A

Unresolved in-house after 8 weeks

42
Q

Who can apply to LO

A

Individual/small businesses

43
Q

Who has to pay if client goes to LO

A

Lawyer, unless resolved in favour of lawyer - NEVER complainant

44
Q

How long to apply to LO

A

6 years from response, 12 from problem

45
Q

Remedies from LO include

A

Apology, return riles, complete work or compensation

46
Q

What can LO NOT give as remedy

A

Discipline/fine to S

47
Q

Where does one appeal after LO

A

JR

48
Q

What body in second tier of complaints procedure can discipline lawyers

A

SRA

49
Q

SRA possible remedies

A

Discipline, refund costs, restrict S practice, publicly reprimand, interfere w/ practice, refer to SDT

50
Q

SDT possible remedies

A

Strike off S, suspend, reprimand or fine

51
Q

What body CANNOT award compensation to client

A

SDT

52
Q

What body can strike off S

A

SDT

53
Q

Appeal from SRA/SDT decision to where

A

HC

54
Q

Third tier of complaints procedure

A

Court action

PCR (6 decks)

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