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SQE1 - Ethics & Professional Conduct > 8. Co-Operation and Accountability > Flashcards

8. Co-Operation and Accountability Flashcards

1
Q

Responding to the SRA

How must you respond to the SRA, when the SRA asks you about a specific circumstance?

A

Justify your actions in order to demonstrate compliance with SRA obligations.

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2
Q

Responding to the SRA

What two things must you do when responding to the SRA?

A
  1. Provide full and accurate explanations
  2. Ensure that relevant information is available for inspection
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3
Q

Notifying SRA of Certain Events

What three events must a solicitor notify the SRA of?

A
  1. Subject to any criminal charge, conviction, or caution
  2. Insolvency event
  3. Aware of material changes to information about you or your practice provided to the SRA
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4
Q

Notifying SRA of Certain Events

How often must a firm provide an information report to the SRA?

A

On an annual basis

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5
Q

Notifying SRA of Certain Events

What five events must a firm notify the SRA of?

A
  1. Indications of serious financial difficulty
  2. Insolvency event
  3. Intention or awareness that it will cease operating as a legal business
  4. Any change to information in the register
  5. Aware of any material changes to information about the firm, or its managers, owners, or compliance officers provided to the SRA
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6
Q

Reporting Actual and Potential Breaches

What must you do if you become aware any person or body (including yourself) has committed a serious breach?

A

Ensure that a prompt report is made to SRA/relevant regulator

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7
Q

Reporting Actual and Potential Breaches

What specifically must you report?

A

Any facts or matters which you reasonably believe are capable of amounting to a serious breach

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8
Q

Reporting Actual and Potential Breaches

Even where you do not have sufficient information to determine whether a serious breach has occurred, what obligation do you have?

A

Promptly inform SRA of any facts or matters which you reasonably believe should be brought to its attention

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9
Q

Reporting Actual and Potential Breaches

Should you still make a report where it would involve disclosing confidential information?

A

Yes

Where principles conflict, the one re: wider public interest prevails

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10
Q

Reporting Actual and Potential Breaches

Has the SRA defined what a serious breach is?

A

No

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11
Q

Reporting Actual and Potential Breaches

What are six allegations that are taken seriously by the SRA?

A
  1. Abuse of trust
  2. Dishonesty
  3. Taking unfair advantage of clients
  4. Misuse of client money
  5. Sexual or violent misconduct
  6. Criminal behaviour
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12
Q

Reporting Actual and Potential Breaches

What are four factors that could aggravate conduct to a serious breach?

A
  1. Deliberately or wrecklessly disregarding their obligations
  2. Taking advantage of vulnerability
  3. Causing harm that could have been reasonably anticipated
  4. Pattern of repeated misconduct
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13
Q

Reporting Actual and Potential Breaches

What are the two ways in a which a breach can be serious?

A
  1. Serious in isolation
  2. Persistent pattern of behaviour
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14
Q

Solicitor May Inform SRA Indirectly

How can you satisfy your obligation to report via a COLP or COFA?

A

Make the report to the COLP or SOFA on the understanding that they will provide the information to the SRA

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15
Q

Solicitor May Inform SRA Indirectly

When you make a report to a COLP or COFA, do you have to follow up?

A

Generally, the obligation is discharged and you are not required to check

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16
Q

Solicitor May Inform SRA Indirectly

What must you do if you are not satisfied the COLP or COFA agrees with your assessment of the seriousness of the breach?

A

Make the report directly to the SRA

17
Q

Admitting Mistakes to Clients

What must you do if you make a mistake and a client suffers harm as a result?

A
  1. Put matters right (as far as possible)
  2. Provide a full explanation of what happened and the likely impact promptly
18
Q

Admitting Mistakes to Clients

What must you do if the SRA requests?

A
  1. Investigate whether anyone may have a claim against you
  2. Provide a report to the SRA
  3. Notify relevant persons notify that they may have a claim.
19
Q

Admitting Mistakes to Clients

Why would a firm generally not act to put things right until after their insurer is notified?

A

Because depending on what the insurer advises, the firm may be placed into a conflict with the client

SQE1 - Ethics & Professional Conduct (9 decks)

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