Ethics & Regulation

Question 1

SRA

Answer 1

Regulates solicitors, bodies in which they operate, and all those working within those bodies.

• • Responsible for rules governing conduct, handling of money and ability to practice
• Enforces own rules
• Has power to investigate firms, impose conditions*, *rebuke solicitors.

Question 2

SRA Principles

Answer 2

Fundamental requirements of ethical behavior which must be upheld.

Principles underpin Standards and Regulations.

Question 3

SRA Code of Conduct for Solicitors, RELs and RFLs

Answer 3

Standards of professionalism required from individuals authorised by SRA.

Individuals are personally accountable

Individual must exercise own judgement, applying standards.

Question 4

SRA Code of Conduct for Firms

Answer 4

Standards and business controls expected of firms (including sole practitioners) authorised by SRA.

SRA can take regulatory action against body or its managers or compliance officers; also against employees for any breaches.

Question 6

Solicitors Disciplinary Tribunals

Answer 6

• Deals usually with applications from the SRA
• relating to professional misconduct by indiivdual solicitors
• tribunal has power to strike solocitor of roll, susupend or impose unlimited fines

Question 7

Legal Ombudsman

Answer 7

• Deals with complains from the public in relation to provision of legal services

Question 8

Which SRA principles would take precedence over obligation to act in an individual client’s best interests?

Answer 8

• Principle 1 – upholding the rule of law and the proper administration of justice.
• Principle 2 – upholding public trust and confidence in the solicitors’ profession and in legal services provided by those authorised by the SRA to do so.

Question 9

What is SRA’s Enforcement Staredgy that underpins Standards and Regulations?

Answer 9

• It sets out how the SRA will use its enforcement powers and what it expects from those it regulates.
• SRA’s focus is on behaviour or breaches which it considers to be ‘serious’.
• It explains how the SRA assesses the seriousness of the conduct and the approach it takes towards the imposing of sanctions

Question 10

Examples of inadequate professional service

Answer 10

Inadequate professional service
* failing to reply promptly to correspondence from a client
* failing to keep a client updated as to costs as and when it was appropriate to do so

Question 11

Examples of professional negligence

Answer 11

• missing a deadline in respect of issuing proceedings
• failing to take appropriate action to guard against fraud with the result that the client suffers financial losses

Question 12

Both inadequate professional serice and negligence can

Answer 12

Give rise to action being taken by the SRA or the Legal Ombudsman, but professional negligence could also give rise to the solicitor being sued by the client

Question 13

Breach of acting in a wayhat upholds public trust and confidence in the solicitors’ profession

Answer 13

• solicitor committing a criminal offence,
• sending derogatory communications to the opposing side,
• posting offensive comments on social media (even in a personal capacity)

Question 14

Which SRA Principles would be breached if a solicitor was found to have overcharged a client?

Answer 14

Breach of Acting with integrity and **acting in the best interests of each client **

Question 15

Solicitor-client relationship is said to be a ‘fiduciary relationship’

Answer 15

One where one party must act in the best interests of the other party.
Solicitor must put the interests of the client before their own.

Question 16

What is the SDT and what is its function?

Answer 16

SDT stands for ‘Solicitors Disciplinary Tribunal’. The SDT hears and determines applications relating to allegations of unbefitting conduct and/or breaches of the requirements of professional conduct by a number of legal service providers, including solicitors