ETHICS Flashcards
LPUL RULE 2
2.1 The purpose of these Rules is to assist solicitors to act ethically and in accordance with the principles of professional conduct established by the common law and these Rules.
2.2 In considering whether a solicitor has engaged in unsatisfactory professional conduct or professional misconduct, the Rules apply in addition to the common law.
2.3 A breach of these Rules is capable of constituting unsatisfactory professional conduct or professional misconduct, and may give rise to disciplinary action by the relevant regulatory authority.
LPUL RULE 3
duty to the court and the administration of justice is paramount and prevails to the extent of inconsistency with any other duty
LPUL RULE 4
4.1 A solicitor must also—
4.1.1 act in the best interests of a client in any matter in which the solicitor represents the client,
4.1.2 be honest and courteous in all dealings in the course of legal practice,
4.1.3 deliver legal services competently, diligently and as promptly as reasonably possible,
4.1.4 avoid any compromise to their integrity and professional independence
LPUL RULE 5
5.1 A solicitor must not engage in conduct, in the course of legal practice or otherwise, which—
5.1.1 demonstrates that the solicitor is not a fit and proper person to practise law, or
5.1.2 is likely to a material degree to—
(i) be prejudicial to, or diminish the public confidence in, the administration of justice, or
(ii) bring the profession into disrepute.
LPUL RULE 7&8
Duty to represent and advise
LPUL RULE 9
9.1 A solicitor must not disclose any information which is confidential to a client and acquired by the solicitor during the client’s engagement to any person who is not9.2 A solicitor may disclose information which is confidential to a client if—
9.2.1 the client expressly or impliedly authorises disclosure,
9.2.2 the solicitor is permitted or is compelled by law to disclose,
9.2.3 the solicitor discloses the information in a confidential setting, for the sole purpose of obtaining advice in connection with the solicitor’s legal or ethical obligations,
9.2.4 the solicitor discloses the information for the sole purpose of avoiding the probable commission of a serious criminal offence,
9.2.5 the solicitor discloses the information for the purpose of preventing imminent serious physical harm to the client or to another person, or
LPUL RULE 10
10.1 A solicitor and law practice must avoid conflicts between the duties owed to current and former clients.
10.2 A solicitor or law practice who or which is in possession of information which is confidential to a former client where that information might reasonably be concluded to be material to the matter of another client and detrimental to the interests of the former client if disclosed, must not act for the current client in that matter UNLESS—
10.2.1 the former client has given informed consent to the disclosure and use of that information, or
10.2.2 an effective information barrier has been established.
LPUL RULE 11
11.1 A solicitor and a law practice must avoid conflicts between the duties owed to two or more current clients.
11.2 Duty of loyalty If a solicitor or a law practice seeks to act for two or more clients in the same or related matters where the clients’ interests are adverse and there is a conflict or potential conflict of the duties to act in the best interests of each client, the solicitor or law practice must not act, except where permitted by Rules 11.3 and 11.4.
Duty of Confidentiality (11.4): If a solicitor or law practice represents multiple clients in the same or related matters and possesses confidential information from one client (the first client) that could be important to another client’s matter and harmful to the first client if disclosed, the solicitor cannot continue representing the other clients unless:
(11.4.1) All clients give informed consent to share the information, or
(11.4.2) An effective information barrier is established to protect confidentiality.
Actual Conflict Between Current Clients (11.5): If a conflict arises between clients during a matter, the solicitor can only continue representing one client (or clients without a conflict) if:
(11.5.1) The client(s) the solicitor ceases to act for gives informed consent, and
(11.5.2) Confidentiality for all clients is maintained and not compromised.
LPUP 13, 14, 15
termination of retainer
LPUL RULE 19
Duty to the court
19.1 A solicitor must not deceive or knowingly or recklessly mislead the court.
19.2 A solicitor must take all necessary steps to correct any misleading statement made by the solicitor to a court as soon as possible after the solicitor becomes aware that the statement was misleading.
19.3 A solicitor will not have made a misleading statement to a court simply by failing to correct an error in a statement made to the court by the opponent or any other person.
LPUL RULE 12
Conflict concerning a solicitor’s own interests
12.1 A solicitor must not act for a client where there is a conflict between the duty to serve the best interests of a client and the interests of the solicitor or an associate of the solicitor, except as permitted by this Rule.
12.2 A solicitor must not do anything—
(i) calculated to dispose a client or third party to confer on the solicitor, either directly or indirectly, any benefit in excess of the solicitor’s fair and reasonable remuneration for legal services provided to the client, or
(ii) that the solicitor knows, or ought reasonably to anticipate, is likely to induce the client or third party to confer such a benefit and is not reasonably incidental to the performance of the retainer.
12.3 A solicitor must not borrow any money, nor assist an associate to borrow money, from—
12.3.1 a client of the solicitor or of the solicitor’s law practice, or
12.3.2 a former client of the solicitor or of the solicitor’s law practice who has indicated a continuing reliance upon the advice of the solicitor or of the solicitor’s law practice in relation to the investment of money,
