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Ethics 07 - Part 02 (C5) > Ethics Syllabus 07 > Flashcards

Ethics Syllabus 07 Flashcards

1
Q

Client money

Disallowed

A 
rC73
Receive
Control = Use; Destination
Handle = Pay Court fees
Unless = Informed consent pre-agreed
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2
Q

Client money

Allowed

A

Fixed fee estimate
Advance payment
Payment
3P Payment Service

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3
Q

Client money

Fixed fee / Advanced

A 
Competent
Written = Clear; Understandable
Service
Charges = Rate; Calculation; Terms
Timescale
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4
Q

Client money

Advance - Ownership

A

Barrister
NOT Client money
Return difference

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5
Q

Client money

3P Payment Service

A

rC74
Client best interest
Use = Disbursements; Settlement
Safeguard = Client control; Fund segregation; Secure; Insurance

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6
Q

Insurance

Reason

A

Professional indemnity = Negligence

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7
Q

Insurance

Cover - WHEN

A

rC76
ALL Legal services
Supplied to public

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8
Q

Insurance

Required

A

Regular review

Client aware = Cover provided

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9
Q

Insurance

Review

A

Regular review = Adequate
Type of work
‘Claims Made’ basis
Run-off = Retirement

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10
Q

Insurance

Membership = MUST

A 
rC77
Bar Mutual Indemnity Fund (BMIF)
Self employed
NOT Pupil = Supervisor
NOT Employed + Employer only
NOT Qualified Foreign Lawyer + Other insurance
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11
Q

Insurance

BMIF Requirement

A

rC78
Supply information
Pay premium

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12
Q

Insurance

Contract exclusion

A

Permitted by law
UNLESS
Unfair Contracts Act 1977
Professional misconduct

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13
Q

Association

WHAT

A

Chambers

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14
Q

Association

Chambers status

A

Independent NOT Partnership

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15
Q

Association

Rules

A

CD4 - NO Conflict of interest

rC80 - BSB Notification

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16
Q

Association

MCI - WHAT

A 
rC85
Material Commercial Interest (MCI)
Objective observer,
knowledge of facts,
would reasonably consider,
influence YOUR judgement
17
Q

Association

MCI - Refer to interest

A

rC81
Client best interest
Inform client = Writing
Record

18
Q

Association

MCI - Refer to YOU

A

rC82
Client best interest
Inform client = Writing
Record
Statement = Dealt with conflict

19
Q

Association

MCI - NOT Allowed

A 
rC84
Impression
MCI Association
BSB regulated
when NOT
20
Q

Outsourcing

Allowed - TYPES

A

Support services

21
Q

Outsourcing

3P Responsibility

A 
rC86
Comply = Code of Conduct
Ensure confidentiality
Data Protection Act
BSB Record inspection
22
Q

CD10

Required

A

rC87
Efficient administration
Proper records
Charge records

23
Q

Administration

Proper records

A

Policies
Procedures
Monitoring

24
Q

Administration

Charge records

A

rC88
Provide = Assessment + Verification
Period = Payment; Appeal expiry

Ethics 07 - Part 02 (C5) (1 decks)

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