Ethics Flashcards
Once a solicitor provides information to the COLP for reporting to the SRA, does the solicitor have a duty to verify that the report was made?
No, the solicitor has no duty to check that a report was made.
Does the duty of confidentiality end with the conclusion of a retainer or the death of the client?
No, the duty of confidentiality continues even after the end of the retainer and after the death of the client.
Is there a rule requiring a client’s advance written consent for a referral arrangement?
No, there is no rule requiring the client’s advance written consent to a referral arrangement.
Does the ‘substantially common interest’ exception apply to sellers and buyers in conveyancing transactions?
No, it does not apply because the parties have different goals in relation to the matter.
Can a solicitor act if there is an own interest conflict or a significant risk of one?
No, a solicitor must not act in such situations, for example, where the solicitor may gain a financial advantage from completing a client’s instructions.
What principle takes precedence over an individual client’s interests?
The principle safeguarding the wider public interest, including upholding the rule of law and proper administration of justice.
What body would address a solicitor’s breach of conduct rules?
The SRA (Solicitors Regulation Authority) would address breaches of conduct rules.
Does simple negligence alone, with no other aggravating factor, constitute a breach of conduct rules?
No, simple negligence does not constitute a breach of conduct rules.
