Ethics

Question 1

Discrimination

What is the legal obligation to provide reasonable adjustments to disabled clients and employees?

Answer 1

Such that they are not placed at a substantial disadvantage compared to those who are not disabled.

Costs of the adjustment must not be passed on.

Question 2

Misleading Others

What are three ways in which a solicitor may mislead a client or the court?

Answer 2

1. Affirmative acts
2. Omissions
3. Being complicit in the acts or omissions of others

Question 3

Misleading Others

What is a situation on the SQE where a misleading omission could be tested?

Answer 3

Where the solicitor fails to inform the other side that their view on a matter is incorrect

Question 4

Undertakings

What is an undertaking?

Answer 4

• Statement, oral or in writing, irrespective of use of the word undertaking
• made to someone who reasonably places reliance on it
• that you or a third party will do/refrain from doing something, or cause something to be done.

Question 5

Undertakings

Is a solicitor who gives an undertaking to pay the other side’s legal fees out of the client’s proceeds bound even though the money isn’t yet in the client account?

Answer 5

Yes

Question 6

What two things are required of the service provided to clients?

Answer 6

1. Competent (you have the skill)
2. Timely (you have the time to dedicate to the matter)

Question 7

What must you do if you receive a financial benefit as a result of a client’s instructions?

Answer 7

Account to the client for it, unless the client has already agreed otherwise

Question 8

Referrals and Introductions

What are two requirements of fee sharing arrangements with third parties?

Answer 8

1. Must be in writing
2. Clients must be informed of any relevant fee sharing arrangement

Question 9

Other Business Requirements for Solicitors

What is the prohibition concerning businesses with the word solicitors in their name?

Answer 9

You must not be a manager, employee, member or interest holder in a business with the word solicitors in the name or which describes its work in a way which suggests it is a solicitor’s firm, unless it is authorised by the SRA

Question 10

Other Business Requirements for Solicitors

Where a solicitor is carrying out reserved legal activities in a non-commercial body, what is the required scope of the insurance?

Answer 10

Adequate and appropriate cover in respect of all services (even those which are not reserved legal activities and would otherwise not require insurance but for the reserved legal activities)

Question 11

What topics does the full Ethics deck contain, and how do I access it?

Answer 11

The full deck contains over 100 flashcards dealing with the SRA syllabus:

• Seven Mandatory Principles;
• Maintaining Trust and Acting Fairly;
• Dispute Resolution and Proceedings;
• Service and Competence;
• Client Money and Assets;
• Business Requirements;
• Conflicts;
• Confidentiality and Disclosure;
• Co-Operation and Accountability;
• Providing Services to the Public.

Access is currently £25 per full subject, e.g. Ethics, or £250 for access to all 16 SQE1 decks / £200 for 13 SQE2 decks. Visit www.cleverprep.co.uk to arrange full access.