Professional Conduct in Criminal Litigation Flashcards
Under CCS 3.1, when can a solicitor act on third-party instructions?
A) When the third party provides a signed statement
B) Only if the third party is a close relative
C) Only if the client confirms their wishes directly
D) Anytime, as long as the solicitor believes it is in the client’s best interest
C) Only if the client confirms their wishes directly
What must a solicitor do if a third party (e.g., a family member) requests them to attend a police station for a detainee?
A) Immediately proceed to the police station
B) Confirm with the police station that the detainee wants representation
C) Wait for a written request from the detainee
D) Contact the third party to verify the request
B) Confirm with the police station that the detainee wants representation
Under PACE Code C Annex B(4), when can access to a solicitor be delayed?
A) If the solicitor was instructed by a third party
B) If the solicitor might advise the client to remain silent
C) If delaying access is justified under statutory grounds (e.g., preventing interference with evidence)
D) If the police believe legal representation is unnecessary
C) If delaying access is justified under statutory grounds (e.g., preventing interference with evidence)
Under CCS 6.2, when must a solicitor decline to act for a client?
A) If the client has no legal aid funding
B) If there is a conflict or a significant risk of conflict between clients
C) If the solicitor does not personally agree with the client’s actions
D) If the client refuses to plead guilty
B) If there is a conflict or a significant risk of conflict between clients
Which of the following is an example of a conflict of interest?
A) A client wants to remain silent during trial
B) A solicitor represents co-defendants, and one blames the other for the crime
C) A solicitor advises a client to plead guilty
D) A solicitor challenges prosecution evidence
B) A solicitor represents co-defendants, and one blames the other for the crime
If a solicitor identifies a conflict of interest between two co-defendants after initially accepting both, what must they do?
A) Continue representing the client they met first
B) Cease acting for both clients
C) Seek permission from the court to act for both
D) Inform one client and continue acting for the other
B) Cease acting for both clients
What does CCS 6.3 require solicitors to do regarding client confidentiality?
A) Maintain confidentiality indefinitely, even after the client’s death
B) Disclose all client information to other parties if it benefits them
C) Only maintain confidentiality for active cases
D) Share confidential details with co-defendants if requested
A) Maintain confidentiality indefinitely, even after the client’s death
If a solicitor has confidential information about Client A that would help Client B’s case, what should they do?
A) Use the information if it benefits Client B
B) Seek consent from Client A before disclosing it
C) Disclose the information to the court
D) Continue acting for both clients without disclosure
B) Seek consent from Client A before disclosing it
If a solicitor cannot disclose key information due to confidentiality rules, what must they do?
A) Proceed with the case without disclosure
B) Cease acting for the affected client
C) Ignore confidentiality in the interest of justice
D) File an anonymous report to the court
B) Cease acting for the affected client
Under the Solicitors Act 1974, what is a solicitor’s primary duty as an officer of the court?
A) To act in their client’s best interests at all costs
B) To uphold the rule of law, integrity, and fairness
C) To only follow the client’s instructions without question
D) To ensure the prosecution wins the case
B) To uphold the rule of law, integrity, and fairness
Under CCS 1.4, what must a solicitor NOT do?
A) Challenge prosecution evidence
B) Knowingly mislead the court
C) Advise a client to plead not guilty
D) Represent multiple defendants
B) Knowingly mislead the court
Under CCS 2.1, what is a solicitor prohibited from doing?
A) Tampering with evidence or persuading witnesses to change testimony
B) Providing legal advice at a police station
C) Advising a client on legal strategy
D) Objecting to prosecution evidence
A) Tampering with evidence or persuading witnesses to change testimony
A solicitor represents a client who insists on pleading not guilty but does not offer a defence. Is this misleading the court?
A) Yes, because the client must admit guilt
B) No, as long as the solicitor does not actively maintain innocence
C) Yes, because the solicitor must prove the client’s innocence
D) No, as long as the solicitor presents a false alibi
B) No, as long as the solicitor does not actively maintain innocence
Which of the following is NOT permitted when representing a guilty client?
A) Advising them to plead not guilty and remain silent
B) Presenting a false alibi
C) Challenging prosecution evidence
D) Not cross-examining a truthful witness to discredit them falsely
B) Presenting a false alibi
Under professional conduct rules, which of the following would be a criminal offence?
A) Filing a defence statement
B) Assisting a client in assuming a false identity to deceive the court
C) Advising a client on cross-examination strategy
D) Referring a client to another solicitor due to a conflict of interest
B) Assisting a client in assuming a false identity to deceive the court
A solicitor receives third-party instructions to attend a police station but cannot contact the detainee. What should they do?
A) Attend the police station immediately
B) Contact the DSCC for public funding verification
C) Confirm with the police that the detainee wants representation
D) Decline the request unless instructed directly by the detainee
C) Confirm with the police that the detainee wants representation
A solicitor is representing two co-defendants who initially agree on their defence. However, one later decides to blame the other. What must the solicitor do?
A) Continue representing both
B) Drop the client who changed their stance
C) Cease acting for both clients due to conflict of interest
D) Act only for the client who maintains the original defence
C) Cease acting for both clients due to conflict of interest
A solicitor learns that their client intends to lie under oath in court. What should they do?
A) Allow the client to testify and remain silent about the lie
B) Warn the client that they must withdraw from the case
C) Encourage the client to lie convincingly
D) Inform the judge of the lie immediately
B) Warn the client that they must withdraw from the case
A solicitor is defending a client who possesses crucial evidence that the court has ordered to be disclosed. The client refuses to hand over the evidence. What should the solicitor do?
A) Persuade the client to disclose the evidence but continue representing them even if they refuse
B) Ignore the issue and proceed with the case
C) Inform the court that they cannot comply with the order and cease acting for the client
D) Disclose the evidence to the court without the client’s consent
C) Inform the court that they cannot comply with the order and cease acting for the client
A solicitor is defending a client in a trial. The client insists on pleading not guilty but later privately admits to the solicitor that they committed the crime. The client still wishes to proceed with a not guilty plea. What should the solicitor do?
A) Withdraw from the case if the client intends to present a false defence
B) Inform the judge of the client’s confession
C) Continue representing the client and present a false alibi
D) Force the client to change their plea to guilty
A) Withdraw from the case if the client intends to present a false defence
