Dealings with the court

Question 1

What is an undertaking in professional conduct?

Answer 1

A statement given in writing or orally to someone who reasonably places reliance on it that you or a third party will do something or cause something to be done or refrain from doing something

Does NOT have to be called an “undertaking” explicitly

Question 2

What does the CCS state re undertakings?

Answer 2

CCS 1.3: You perform all undertakings given by you and do so within an agreed timescale or if no timescale is agreed then within a reasonable amount of time

Question 3

What are the consequences of non compliance with an undertaking?

Answer 3

Serious disciplinary offences

Question 4

Who can give a legal undertaking?

Answer 4

ANYONE IN A LAW FIRM - provided it can be reasonably relied upon

Question 5

What is good practice for giving financial undertakings?

Answer 5

Senior lawyers or partners only will give undertakings to pay another firm’s costs and your firm will require the client to put in the funds before this is made so it can be safeguarded

Firms will keep a register of undertakings

Question 6

What is the form that an undertaking should take?

Answer 6

SMART

Specific

Measured

Agreed

Realistic

Timed - must not be of unlimited duration

Question 7

What duty does the solicitor have in relation to dealing with the court?

Answer 7

Do not waste time and place yourself in contempt of court

Do not mislead or attempt to mislead the court clients or others

Do not misuse or tamper with evidence

Do not provide or offer any benefit to witnesses upon the nature of their evidence or the outcome of the case