Ethics and Professional Conduct Flashcards
If a conflict arises between the SRA (Mandatory) Principles, which would take precedence?
The principle that safeguards the public interest
Ways a solicitor can be found to be misleading others
- Omission
- Affirmative acts
- Being complicit in omission or acts
- Backdating letters
What is an undertaking?
A statement (oral or written) to someone who reasonably places reliance on it that you or a third party will do something
What are the potential consequences of breaching an undertaking?
Sanctions from a regulatory body or tribunal and court enforcing the undertaking (compensation) as the solicitor is personally bound to comply
Undertakings must be:
S
M
A
R
T
Specific
Measurable
Agreed
Realistic
Timed
What forms of witness compensation are allowed?
- Travel costs
- Loss of earnings
What forms of witness compensation are not allowed?
- Dependant on nature or favourability of evidence
- Contingent on a favourable case result
What cases or statutory provisions must you draw the court’s attention to?
Those which are likely to have a material effect on the outcome of the proceedings, regardless of which side would benefit
What must you do if you have reason to suspect the authorised person’s instructions are not those of the client?
Do not act unless you are satisfied they do
Why must a firm have an effective system in place for supervising client matters?
(Accountability)
You remain accountable for the work of those you supervise
What must you do if you receive financial benefit as a result of a client’s instructions?
Properly account it to the client unless agreed otherwise
What is the only form of client money that can be held on account?
Advance payments of fees and expenses
What should you do if you have an interest relating to client referral?
Inform the client
What should you do if there is a fee sharing agreement with a third party?
Inform the client and ensure the agreement is in writing
In which 2 proceedings are any referral fees prohibited?
- Criminal proceedings
- Claims for damages following personal injury or death
What must you ensure if carrying out reserved legal activities in a non-commercial body?
The indemnity insurance provides adequate and appropriate cover for all services provided
How must a firm cease its operations?
Term
Orderly wind-down
Who is responsible for ensuring a firm complies with SRA regulations?
Compliance Officer for Legal Practice (COLP)
Who is responsible for ensuring a firm complies with SRA account rules?
Compliance Officer for Finance and Administration (COFA)
The two types of conflict of interest
- Own interest conflict (solicitor-client)
- Client conflict (client-client)
What should a solicitor do if they recognise a conflict or significant risk of one before the retainer is created?
Decline to act, can act only for the client whose interests they can best represent
What should a solicitor do if they recognise a conflict or significant risk of one between two clients after the retainer is created?
Decline to act, or can act only for one while being wary of confidentiality risk
Under which circumstance can you continue to act for a client who makes you a significant value gift in a will (own interest conflict)?
If you are satisfied the client has taken independent legal advice regarding making the gift
What are the two exceptions that allow you to act for clients with conflict of interest?
- Substantially comon interest (clear common purpose)
- Competing for the same objective (e.g. trying to buy same asset)
