Ethics and Professional Conduct Flashcards
If two of the mandatory principles conflict, the solicitor must
choose the principle which safeguards the wider public interest
What are undertakings
written or oral statements by a solicitor or a member of the firm that they will do something
What is the effect of undertaking
A solicitor is personally bound by the undertaking and it may be enforced in court
A solicitor can pay a witness for
Travel expenses and lost wages
What should the solicitor do if an attorney of a mentally incompetent client instructs the solicitor to execute a transaction that the solicitor does not believe is in the best interest of the client
the solicitor should refuse the instructions
a supervising solicitor is accountable and must demonstrate….
effective supervision
a solicitor cannot pay or receive a referral fee in
criminal or personal injury matters
Fee sharing arrangements must be
in writing
disclosed to the client
case is not criminal nor PI nor death claim
what type of insurance should the solicitor maintain
adequate indemnity insurance
In which case can the solicitor absolutely not act for a client?
Own interest conflict
What are the exceptions for conflict of interest
1 - competing for the same objective
2 - substantially common interest
Exceptions to conflict of interest requires the client to…
provide consent in writing
If a solicitor accidentally discloses confidential information, he should immediately report it to
the client and COLP
How long does the firm have to resolve a claim before informing the client of the right to complain to the legal ombudsman
8 weeks
