prof conduct Flashcards
what is a conflict of interest?
situation where your separate duties to act in best interests of 2 or more clients in same or related matter conflict
what is an own conflict of interest?
any situation where your duty to act is in the best interests of any client in relation to a matter conflicts
when can you act for both parties?
when there is a substantially common interest
OR
competing for the same objective
what is an undertaking?
either written or oral agreement to do something which is then relied on
must perform all undertakings given and do so within an agreed timescale or if no timescale has been agreed then within a reasonable time
if no timescale has been agreed to complete an undertaking - when should it be completed by?
within a reasonable time
what should a solicitor do if they realise they have inadvertently mislead the court?
they must, with their client’s consent, immediately inform the court
what is the difference between an introduction and a referral?
introduction: 3rd party refers to you
referral: you refer to 3rd party
what are the 2 exceptions to conflict of interest?
1) substantially common interest
2) competing for the same objective
what are the 4 exceptions to duty of confidentiality?
1) certain statutes
2) governments and other bodies empowered by statute eg, HMRC
3) cases involving children (child sexual or physically abused)
4) when you need to reveal info for a defence in civil/criminal claim against you/the firm
what are the 4 exceptions to duty of disclosure?
1) national security or prevention of crime
2) client gives informed consent in writing
3) belief that serious physical or mental injury will be caused to client or another if info is disclosed
4) privileged doc
what does adverse interest mean?
you do not act for a client who has an interest adverse to the interests of another current or former client for whom you hold confidential info
what are the 2 exceptions to adverse interest?
1) effective measures have been taken which result in there being no real risk of disclosure of the confidential info; or
2) the current or former client whose info you hold has given informed consent to you acting
what 4 key things does the COLP do?
1) ensure firm complies with all terms and conditions of authorisation
2) firm complies with stat obligations
3) record any failures to comply with firm’s authorisation or stat obligations and make records available to SRA
4) report any material failure to the SRA ASAP
who is eligible to become a COLP?
be manger or employee
consents
not disqualified from acing as head of legal practice
authorised to carry on legal activities
what are the 2 key things that a COFA does?
1) ensure firm complies with SRA account rules
2) report any serious breaches of SRA accounts to SRA promptly
