Dispute Resolution and Proceedings Before Courts, Tribunals and Inquiries Flashcards

1
Q

Can a solicitor (or firm) misuse or tamper with evidence?

A

No

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2
Q

Can a solicitor (or firm) try and influence the substance of evidence by pursuading a witness to change their evidence?

A

No

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3
Q

You called up a witness but they want to be paid for the appearance, can you still call the witness?

A

No, you can only compensate for their travel expenses or lost work earnings

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4
Q

Can you bring a case to court that is not properly arguable?

A

No, you cannot waste the courts time

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5
Q

Your opponent fails to mention a relevant case/law, do you have to tell the court if you are aware of it but it will harm your client’s matter?

A

Yes, you must bring to the court’s attention any relevant cases and law

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6
Q

Must you tell the court if you become aware of a procedural irregularity?

A

Yebo

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7
Q

Can you accept instructions for someone acting on behalf of a client?

A

Yes, but you must check the appointing document and ensure they have mental capacity to do so

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8
Q

When must you not represent a client when you recieve instructions for that client from an authorised person?

A

When you suspect that the unauthorised person’s instructions don’t represent your client’s wishes

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9
Q

An old woman’s son instructs you to transfer her car into his name, can you do so?

A

If you suspect that it is not her actual instruction, you may refuse and investigate further to confirm the instructions

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10
Q

What happens when you suspect the authorised person is not giving the client’s actual instructions but you have no way to ascertain the client’s actual instructions?

A

You must protect your clients best interests

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11
Q

Can you take on a client if you don’t have time to do so?

A

No, because you have a duty to provide competent and timely service

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12
Q

What must you take into account when customising your service to a client?

A

Account for client’s attributes, needs and circumstances

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13
Q

What are your duties if you are a managing / supervising lawyer?

A

You are accountable for your junior’s work and you must effectively supervise the work

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14
Q

What is a firm’s duties when managing client’s matters?

A

It must have an effective system to manage client’ matters

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15
Q

A solicitor and firm must ensure its juniors are competent and are kept up to date with the law, true or false?

A

True

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