Professional Conduct Flashcards
What are the rules on providing benefits to witnesses?
A solicitor cannot provide or offer any benefit to witnesses dependent upon the nature of the evidence or outcome of the case.
The rules prohibit the payment of witnesses in civil proceedings except for their reasonable expenses for attending court.
Compensation which goes beyond expenses is not permitted
What are the only expenses a witness can be paid?
Reasonable expenses for attending court
A solicitor can only offer to pay the witness for their expenses of attending court
Does the solicitor need to inform the client about information in a privileged document which is mistakenly disclosed?
No, a solicitor does not need to disclose information material to the matter where the information is contained in a privileged document that the solicitor has knowledge of only because it has been mistakenly disclosed
What should a solicitor do if it receives documentation which is not intended for them to read?
The solicitor is obliged to return the papers unread to the other side’s solicitors and is not required to inform their own client that they received the papers in error
What should an NQ do if they have doubt about their competency in handling a case?
The NQ should decline to undertake the senior partner’s task
- SRA requires solicitors to ensure they provide a competent and timely service
- If there are doubts about competency - should decline the task and take on additional training
When must a solicitor inform the SRA of any convictions?
The solicitor must notify the SRA of a conviction, criminal charge or caution promptly
–> PROMPTLY
What is the timeframe for a client to make an application for detailed assessment of a bill of costs?
The client must make an application within one month of receiving the solicitor’s bill
