Duties to the Court and Third Parties Flashcards
When do some SRA principles take precedence over others?
Duty to uphold the rule of law and proper administration (Principle 1) takes precedence over an individual client’s interests (Principle 7)
- Solicitor should inform client of the circumstances in which their duty to the court outweighs their duty to the client
What is a solicitor’s primary duty to the court?
Cannot mislead or attempt to mislead the court, by their own acts or omissions or being complicit in acts or omissions of others
What is a solicitor’s duty to the court in relation to evidence and witnesses that harm their case?
1) For defence in criminal and both sides in civil
- Solicitor has no duty to inform the court of evidence/witnesses that prejudice their client, but they must draw the court’s attention to relevant cases + statutory provisions or procedural irregularities of which the solicitor is aware and which are likely to have a material effect on the outcome of the proceedings
2) Prosecution in criminal case
- They must put all relevant facts before the court and notify the defence of evidence which might help the defendant
What other key duties does a solicitor owe the court?
A solicitor must not place themselves in contempt of court and must comply with court orders which place obligations on the solicitor and must not waste the court’s time
Cannot tamper or influence evidence and cannot offer any benefit to witnesses dependent upon the nature of their evidence or the outcome of the case
What must a solicitor consider when refusing client instructions?
They are free to do so, provided they don’t discriminate unlawfully
What must a solicitor consider when instructing counsel in a case?
Should only be done to further client’s best interests
Solicitor must exercise care when choosing an appropriate barrister, must not discriminate (by allowing personal views to affect professional relationships) and must encourage EDI – if the client has input, their motivation behind this must be considered too
Solicitor must ensure that adequate instructions are provided to the chosen barrister, and they should provide them in good time to allow adequate prep of the case
Solicitor is personally responsible for payment of counsel’s fees, so they usually ask that clients provide money on account before instructing counsel
Does instructing counsel relieve a solicitor of any of their duties?
No, their duties to client persist and solicitor must also be satisfied with the quality of advice and ensure there are no obvious errors
What duties does a solicitor have to third parties?
Must not take advantage of clients, third parties or any public office held by them, family or firm
Must not communicate with third parties in an offensive way
May owe a duty to beneficiaries under a will if:
* They don’t inform them after gifts failing if they witness the signing
* They fail to draft the will in reasonable time after obtaining instructions
