ETHICS AND PROFESSIONAL CONDUCT Flashcards
What are the 7 principles solicitor has to act?
- in a way upholding rule of law
- public trust and confidence
- with independence
- honesty
- dignity
- encouraging equality, diversity
- best interest of client
What is reasonable adjustment for solicitor to support disabled
- access to premises
- sign language
- special equipment for employees
Fee sharing agreement should be in written, or can be in oral?
Must be in written
What is prohibited referral fee?
- Any referral fee or payment in claims of damages following personal injury or death.
- payments related to Criminal proceedings
Is associated business can be referred to client?
Yes, informed consent required
What are Reserved legal activities
- right of audience (appear in court, examine witnesses)
- Conduct litigation
- instruments related to real or personal estate
- Probate papers
- Notarial activities
- administration of oaths
Essential duties of COLP
- prompt report of serious breach of SRA arrangements
- prompt report of matters to be investigated by SRA
Essential duties of COFA
- compliance with SRA accounts rules
- breach report
-prompt report of matters to be investigated by SRA
If conflict of interests appears before retainer, can solicitor act?
must decline to act at all
Can solicitor act in case of existence or high possibility of existence of Own interest conflict?
Must not act. Own interest - absolute ban
If conflict of interests appears during retainer, what should solicitor do?
- inform clients
- can act for one of clients
Can solicitor act if client ok with conflict of interests?
Must not act
Can solicitor accept significant gift from client?
Yes, if client took independent legal advise re making a gift
If there is own financial interest in client`s business, is there Own interest conflict?
Yes, unless own interest has no influence on decision making
In case client want solicitor act against solicitor`s relative, can solicitor act?
Must decline to act
If solicitor has business competitive to client`s, can solicitor act?
Must decline
Name exceptions when solicitor can act when conflict between clients
- Substantially common interest (clear purpose and strong consensus - joint tenants, joint business(
- Competing for the same objective
Name conditions when exceptions can apply to act for 2 clients in conflict
- Informed consent in writing
- effective safeguards in place to protect confidential information
- solicitor is satisfied it is reasonable to act (clients will benefit )
Name conditions when duty of confidentiality may not be kept
- Disclosure required / permitted by law
- client consent
Name situations when disclosure of client`s information is allowed
- client consents
-client`s will disclosure - solicitor is used for crime
- Statutory requirement (taxes)
- Statutory duty (AML)
- Court order or police warrant
What Legal professional privilege?
Protects communication between client and solicitor for the purpose of obtaining legal advice. It is absolute and cannot be disclosed
Who can punish solicitor for breach of confidentiality
SRA and SDT
When solicitor is excerpt from obligation to disclose all information to client
- client`s consent in written
- cause of injury
- legal restrictions - security (AML)
- ## privileged documents obtained mistakenly
What information related to solicitor the latest should communicate to SRA
- criminal charge, conviction, or caution
- insolvency
-material changes to information
