Code of Conducts for Solicitors (CCS) Flashcards
What should you not promise to do as a junior solicitor?
NEVER promise to do something which is outside your control.
You should be wary when promising to deliver copies or originals of documents to a third party.
What should you put in the register of undertakings given?
Record what has been promised to whom and by who.
Failing to honour an undertaking is likely to be a serious disciplinary offence.
What should you bear in mind when drafting undertakings?
Specific: be clear as to what is involved
Measured: it must be capable of quantification
Agreed: both sides must agree the wording
Realistic: within solicitor’s control
Timed: must not be of unlimited duration
What would the firm do when it gives an undertaking to pay another firm’s cost?
Your firm will usually require your client to put the firm in funds to cover the relevant amount before you give the undertaking.
Electronic accounting safeguards will be put in place so that the money reserved to cover the undertaking is not inadvertently used on the client’s behalf to pay for something else.
What does CCS 1.4 say?
You do not mislead or attempt to mislead your clients, the court or others, either by your own acts or omissions or allowing or being complicit in the acts or omissions of others (including your client).
What does CCS 2.5 say?
You do not place yourself in contempt of court, and you comply with court orders which place obligations on you.
What does CCS 2.1 say?
You do not misuse or tamper with evidence or attempt to do so.
What does CCS 2.2 say?
You do not seek to influence the substance of evidence, including generating false evidence or persuading witnesses to change their evidence.
What does CCS 2.3 say?
You do not provide or offer to provide any benefit to witnesses dependent upon the nature of their evidence or the outcome of the case.
