MAINTAINING TRUSTAND ACTING FAIRLY

Question 1

DISCRIMINATION

Answer 1

1. You must not unfairly discriminate by allowing your personal views to afect your professional relationships and the way in which you provide your services.**(discriminate on the basis of age, disability, gender resiggnent, marriage and civil partnership, pregnancy and maternity, rece, religion, sex, sexual orientation, etc.)
2. Firms are additionally required to monitor, report, and publish workforce diversity data, as prescribed by the SRA.
3. You have a legal obligation to provide reasonable adjustments to ensure that disabled clients and employees are **not placed at asubstantial disadvantage compared to those who are not disabled, and you must not pass on the costs **of these adjustments to others.
4. you cannot act discriminately even under the suggestion of the client.
5. failling to have policy dealing with equality and diversity, and to ensure managers and employees to observe the policy can be a breach of duty.

Question 2

Disabled Clients or Employees

Answer 2

1. You have a legal obligation to provide** reasonable adjustments** to ensure that disabled clients and employees are not placed at a substantial disadvantage compared to those who are not disabled, and you must not pass on the costs of these adjustments to others.
2. Note that any adjustments only have to be ‘reasonable’, so the firm does not have to accommodate the needs of such clients and employees in all cases
3. Making reasonable adjustments could include:
   *Ensuring that clients can access the frm’s premises
   easily;
   *Providing sign language services; or
   *Providing specialist equipment for employees.

Question 3

ABUSE OF POSITION

Answer 3

1. You must not abuse your position by taking unfair advantage of clients or others.
2. the target of abuse is not limited to client, but others. (I am a solicitor, I know the law, I will burry you in the litigation if i cannot get my way).
3. when representing the client, mislead or pressurize the other party who is unpresentated to do something against themselves

Question 4

MISLEADING OTHERS

Answer 4

1. You must not mislead or attempt to mislead your client, the court, or others. This standard can be violated by affirmative acts, by omissions, or by being **complicit in the acts or omissions of others (including your client).
2. Misleading an unrepresented party is covered in this concept. For example telling them this is standard contract terms, or I would accept if I were you.

Question 5

What Is an Undertaking?
An undertaking is:

Answer 5

*A **statement **(given orally or in writing), whether or not it
includes the word ‘undertaking’,
*To someone who reasonably places reliance on it,
*That you or a third party will do something or cause
something to be done, or refrain from doing something

Question 6

UNDERTAKINGS

Answer 6

You must perform all undertakings given by you within the
agreed timescale. If there is no agreed timescale, you must perform** the undertaking within a reasonable amount of time.

Question 7

Best Practice
Ideally an undertaking should be:

Answer 7

1. Given by a solicitor;
2. In writing;
3. Clearly intended to be an undertaking (for example, by
   using the words ‘I undertake…’);
4. Given only with the client’s express authority;–in case the client disagree or disallow you from honouring the undertaking.
5. Recorded on the file and on a register of undertakings in
   the firm; and
6. Clear in its terms—note that an ambiguous undertaking will be construed against the party that gave it.
   7.Undertaking must be SMART(specific,measurable,agreed,realistic, timed)

Question 8

Poor Practice
Unfortunately, undertakings can commonly be:

Answer 8

*Given by any member of staff in a legal firm;
*Given orally (typically on the telephone); or
*Given inadvertently (as the word ‘undertaking’ does not need to be used).

Question 9

Undertakings Dependent on Future Event

Answer 9

Where an undertaking is given which is dependent upon the happening of a future event and it becomes apparent the
future event will not occur, you should notify the recipient of
this.

Question 10

SYSTEMS OF UNDERTAKING

Answer 10

Best practice demands that a firm should maintain an effective system which records when undertakings have been given and when they have been discharged.

Question 11

Consequences of Breach of an Undertaking

Answer 11

1. A solicitor is personally bound to comply with an undertak-ing whether it was given orally or in writing.
2. An undertaking can be enforced by the court. The party to whom the undertaking was given may seek** compensation for any loss incurred.(or enforcement** of undertaking)
3. The SRA, LeO, and SDT do not have the power to enforce an undertaking but any breach may be a breach of professional conduct which may lead to sanctions against the solicitor.
4. There may be a breach of contract. **

Exam Tip
Look out for a scenario in the exam where a member of support staff has spoken to someone on the telephone and has said that they will do something. If the other
party has placed reliance on that statement and it is not performed, the other party could claim that an undertak-ing has been given and that it has been breached.