Professional Conduct Rules Flashcards
What are the 7 SRA Principles?
- Uphold rule of law & the proper administration of justice
- Uphold public trust & confidence in the solicitors’ profession
- Act with independence
- Act with honesty
- Act with integrity
- Act in a way that encourages equality, diversity & inclusion
- Act in the best interests of the client
What is SRA Principle 1?
To act in a way that upholds the constitutional principle of the rule of law & the proper administration of justice
What is SRA Principle 2?
To act in a way that upholds public trust & confidence in the solicitors’ profession
What is SRA Principle 3?
To act with independence
What is SRA Principle 4?
To act with honesty
Test for dishonesty:
i. What was the solicitor’s genuine knowledge or belief as to the facts at the time?
ii. In view of the solicitor’s knowledge or belief at the time, was their conduct dishonest by the standards of ordinary decent people?
What is SRA Principle 5?
To act with integrity
What is SRA Principle 6?
To act in a way that encourages equality, diversity & inclusion
What is SRA Principle 7?
To act in the best interests of each client
What is the Legal Ombudsman?
Enforces complaints about services provided by legal practitioners
Can direct a solicitor to compensate their client up to £50k or limit their fees
What is a retainer?
The contract between a solicitor & their client
Solicitor must ensure client understands the extent of the retainer, including exactly what work the solicitor has agreed to undertake
When can a retainer be terminated?
By the client at any time for any reason
By the solicitor - but restricted by law & requirements of professional conduct
What are the powers of the Solicitors Disciplinary Tribunal?
Fine / suspension / strike off roll
What are the rules about referrals in the SRA Code of Conduct for Solicitors?
Where a client has been referred by a third party who introduces business to the solicitor or with whom share fees, must ensure that:
- Clients are informed of any financial interest solicitor/introducer has in referring
- Clients are informed of any fee sharing arrangement
- The fee sharing agreement is in writing
- The clients are not subject to criminal proceedings
Solicitors can only refer the client to separate business where the client has given informed consent
What are the rules about complaints handling in the SRA Code of Conduct for Solicitors?
Clients must informed of their right to complain & how to complain at the time of engagement
Complaints must be dealt with promptly, fairly & free of charge
If a complaint is not resolved within 8 weeks, the client must be informed of their right to complain to the Legal Ombudsman
What are the rules about advertising in the SRA Code of Conduct for Solicitors?
Advertising is permitted so long as it is non-intrusive & non-targeted
eg. Leaflets to people’s homes would be allowed only if distribution not targeted, ie. can send to all homes within large geographic area, but not selectively distribute to specific homes based on wider info known about them
If the SRA Principles come into conflict, which ones take precedence?
Those which safeguard wider public interest (rule of law, public confidence) take precedence over an individual client’s interests
What information should a solicitor give their client about costs?
The best possible information about how the matter will be priced (fee + VAT), likely overall costs & any costs incurred - both at the outset & when it is appropriate as the matter progresses
A solicitor is acting for the claimant in a litigation matter. The defendant is unrepresented. On the journey to court for the final hearing the solicitor is reading a legal journal and discovers that the solicitor has overlooked a case which completely destroys the client’s case.
What should the solicitor do on arrival at court?
Draw the court’s attention to the case
Para 2.7 CoC: a solicitor is under a duty to draw the court’s attention to cases which are likely to have a material effect on the case (doesn’t require consent of client)
What should a solicitor do if things go wrong under the SRA Code of Conduct?
Para 7.11 CoC: A solicitor must be open & honest if things go wrong - should tell the client immediately
What is a solicitor’s duty of confidentiality?
A solicitor must keep the affairs of their client confidential
- Applies to former as well as client clients - continues until client permits disclosure
What is a solicitor’s duty to disclose?
A solicitor has a personal duty to current clients to disclose to the client all information relevant to the client’s matter
(Personal duty = knowledge the solicitor has personally)
Exceptions:
- If disclosure prohibited by legal restrictions imposed in interests of national security or prevention of crime
- If client gives informed consent to the information not being disclosed to them
- If reason to believe serious injury caused to client or another if information is disclosed to them
- If the information was in a privileged document that the solicitor has knowledge of only because it was mistakenly disclosed