Ethics and Professional Conduct In Dispute Resolution Flashcards
How do you balance duties under civil procedure rules with duty to client?
not only in keeping with their client’s interests and instructions, but also with an eye on wider duties that reflect the proper role of the legal profession in society.
So, whilst seeking the best outcome for clients, litigators must conduct disputes with independence, honesty and integrity, and in a way that upholds the rule of law and public confidence in the legal system.
Importantly, it is clear that these wider societal duties trump the client duty.
If the path which a client wishes to pursue conflicts irreconcilably with a solicitor’s wider duties, the solicitor must explain this to the client and decline to follow their instructions.
Can you act for both a claimant & defendant in civil proceedings?
No
How does a Sol manage the conflict between confidentiality & disclosure?
You keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or the client consents.” Your duty of confidentiality continues after the retainer has ended and even after the death of a client (in which case, it passes to their personal representatives).
Will the payment of a witness in civil proceedings amount to a breach of the code of conduct?
Yes save for expenses
What is the definition of misleading clients, courts or others?
Not mislead or attempt to mislead BY:-
acts or omissions or allowing to be complicit in acts or omissions of others
Does misleading the client, court or others need to be intentional?
No
Objective assessment as to whether they have done so
Who is a solicitors primary duty to?
The court
Should a solicitor bring to the courts attention a mistake by the other side regarding wording or operation of a particular provision even if it does not benefits your client?
Yes
Conflict of interest if there is a potential it may arise what two questions need to be asked?
- Is there a possibility a COI will arise?
Take full instructions at outset - Any suggestion that a Sol cannot act in the interests of both?
If so must cease to act for one
When can a solicitor act for two clients?
As an exception that they are competing for the same objective
Who decides whether to act or cease to act?
The solicitor
What 3 things need to occur when acting for two clients:-
- Obtained written consent
- Safeguards in place for confidentiality
- Sol is satisfied it is reasonable
What two clients information be kept confidential?
Former & Current
What exceptions can confidentiality be broken?
By Law
By Consent
Does a solicitor have to make a client aware of all information material to case?
Yes
