General legal ethics Flashcards

1
Q

You come across some ethical problems and are uncertain as to what the correct action will be. How do you go about establishing the correct conduct?

A

Consult the relevant authorities ex. Lewis
Secondly seek guidance from a senior colleague
Lastly ask the Law Society

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2
Q

You are a qualified attorney and you are offered a partnership in a business in your hometown which you wish to accept? May you accept the offer and nevertheless continue with your legal practice

A

Yes there is nothing to prevent a legal practitioner from being involved in any lawful business apart from his legal practice. He may therefore be a sole proprietor, partner or director of any company conducting such business. He may also be an agent of such business.

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3
Q

Your recover a considerable amount for a client who wishes to invest the money. Would it be in order for you

1) to borrow the money to purchase office equipment
2) to advise client to lend the money to a property in which you have an interest
3) refer the client to a stock broker who will pay you a commission

A

1- No may not borrow money from client unless client has taken independent advice or is a money lender due to conflict of interest

  1. the same argument above pertains to a company in which i have an interest
  2. No an attorney may not accept secret commission vis a vis a principal he may accept it with the clients consent
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