Maintaing Trust And Acting Fairly Flashcards
1
Q
Who does Paragraph 1 of the Codes apply to?
A
Third parties as well as clients
2
Q
What is an example of a solicitor abusing their position by taking advantage of clients or others? (CCS 1.2).
A
Where they take advantage of the other party’s lack of legal knowledge
3
Q
What is an undertaking?
A
A statement:
- that you will do (or not do) something
- given orally or in writing
- made by you, or on your behalf or on your firm’s behalf
- given in the course of practice
- given to someone who reasonably relies on it
4
Q
Who can make undertakings?
A
Certain ‘everyday’ undertakings can be made by junior or unqualified staff e.g to forward sale proceeds in a property transaction
Other types of undertakings will be made only by partners or senior lawyers
5
Q
How is ambiguity in an undertaking construed?
A
In favour of the recipient
6
Q
What is the consequence of failing to perform an undertaking?
A
Investigation by the SRA for professional misconduct
