Ethics Syllabus 07 Flashcards
Client money
Disallowed
rC73 Receive Control = Use; Destination Handle = Pay Court fees Unless = Informed consent pre-agreed
Client money
Allowed
Fixed fee estimate
Advance payment
Payment
3P Payment Service
Client money
Fixed fee / Advanced
Competent Written = Clear; Understandable Service Charges = Rate; Calculation; Terms Timescale
Client money
Advance - Ownership
Barrister
NOT Client money
Return difference
Client money
3P Payment Service
rC74
Client best interest
Use = Disbursements; Settlement
Safeguard = Client control; Fund segregation; Secure; Insurance
Insurance
Reason
Professional indemnity = Negligence
Insurance
Cover - WHEN
rC76
ALL Legal services
Supplied to public
Insurance
Required
Regular review
Client aware = Cover provided
Insurance
Review
Regular review = Adequate
Type of work
‘Claims Made’ basis
Run-off = Retirement
Insurance
Membership = MUST
rC77 Bar Mutual Indemnity Fund (BMIF) Self employed NOT Pupil = Supervisor NOT Employed + Employer only NOT Qualified Foreign Lawyer + Other insurance
Insurance
BMIF Requirement
rC78
Supply information
Pay premium
Insurance
Contract exclusion
Permitted by law
UNLESS
Unfair Contracts Act 1977
Professional misconduct
Association
WHAT
Chambers
Association
Chambers status
Independent NOT Partnership
Association
Rules
CD4 - NO Conflict of interest
rC80 - BSB Notification
Association
MCI - WHAT
rC85 Material Commercial Interest (MCI) Objective observer, knowledge of facts, would reasonably consider, influence YOUR judgement
Association
MCI - Refer to interest
rC81
Client best interest
Inform client = Writing
Record
Association
MCI - Refer to YOU
rC82
Client best interest
Inform client = Writing
Record
Statement = Dealt with conflict
Association
MCI - NOT Allowed
rC84 Impression MCI Association BSB regulated when NOT
Outsourcing
Allowed - TYPES
Support services
Outsourcing
3P Responsibility
rC86 Comply = Code of Conduct Ensure confidentiality Data Protection Act BSB Record inspection
CD10
Required
rC87
Efficient administration
Proper records
Charge records
Administration
Proper records
Policies
Procedures
Monitoring
Administration
Charge records
rC88
Provide = Assessment + Verification
Period = Payment; Appeal expiry
