Pro conduct

Question 1

What is the duty under CCS 3.2?

Answer 1

Provide advice in a competent and timely manner

Question 2

Who can a solicitor act on instructions from?

Answer 2

The client or someone properly authorised on their behalf

Question 3

What is an own interest conflict?

Answer 3

A situation where a solicitor’s own interests conflict with those of the client

This can involve financial interests or personal relationships.

Question 4

Why can relationships between solicitors complicate conflicts?

Answer 4

It can be difficult to identify conflicts if the two solicitors know each other

Familiarity may bias judgment regarding objectivity.

Question 5

What should a solicitor do when there are conflicts between two or more clients’ interests?

Answer 5

Do not act

Question 6

When can a solicitor act even if there is a conflict of interest?

Answer 6

• Clients have a substantially common interest
• Clients are competing for the same objective

Question 7

When will there be a substantially common interest?

Answer 7

There must be:
- a clear common purpose
- and a strong consensus on how this is to be achieved

Question 8

Is it permissible for a solicitor to act for both a buyer and a lender?

Answer 8

Yes, in a residential transaction but not in a commercial transaction

Question 9

If one of the exceptions to the rule on conflict of interest applies, what other conditions must be met before the solicitor can act?

Answer 9

1. All clients consent in writing
2. There are effective safeguards of confidential information
3. It is reasonable for you to act for all the clients

Question 10

What does the duty of confidentiality entail?

Answer 10

Keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or the client consents

Question 11

What is the duty of disclosure?

Answer 11

To make the client aware of all information which is material to the matter and of which you have personal knowledge.

Question 12

When will the duty of disclosure not apply?

Answer 12

• If disclosure could lead to serious physical and mental harm
• If disclosure is prohibted by legal restrictions

Question 13

How should information be presented to clients?

Answer 13

In a way they can understand, using non-technical language

Clarity is essential for effective communication.

Question 14

What should a solicitor do when duties collide?

Answer 14

Ask the client to inform another client of information or stop acting