SERVICE AND COMPETENCE

Question 1

AUTHORITYTO ACT FOR CLIENT

Answer 1

1. You must only act for a client on instructions from the client, or from someone properly authorised to provide instructions on their behalf.
2. A client might give someone else authority to instruct a solicitor on their behalf, perhaps by letter, but the solicitor must exercise** extreme caution** in this case.The solicitor must investigate whther the authorized person’s instruction represents the client’s t**rue wishes. And he client must have **mental capacity **to give this authority and will still be required to sign any legal documents.

Question 2

Instructions from Authorised Person Other Than Client

Answer 2

1. If you have reason to suspect that the authorised person’s instructions d**o not represent your client’s wishes, you must not act unless you are satisfed that they do.
   Exam Tip
   Look for a situation where the child of an elderly clientis giving the instructions and the solicitor suspects the child is acting for their own beneft. In this situation the solicitor may have a duty to investigate and confirm the client’s wishes before acting.

Question 3

Where Client’s Instructions Cannot Be Ascertained

Answer 3

If the client’s instructions cannot be obtained or ascertained, and you have legal authority to act for the client despite this
fact, your overriding obligation is to protect your client’s best interests.

Question 4

COMPETENTAND TIMELYSERVICE

Answer 4

1. You must ensure that the service you provide to clients is** competent and delivered in a timely manner.**
2. You must also maintain your competence to carry out your role and keep your professional knowledge and skills up to date.
   Exam Tip
   The solicitor must have the time to do the job as well as the skills. If a solicitor is very busy on a large court case and will not have time to take on a new job for a client,
   the solicitor must decline to take on the new retainer.

Question 5

CUSTOMISING SERVICE TO EACH CLIENT

Answer 5

You must consider and take account of each client’s attri-
butes, needs, and circumstances.

Question 6

Supervision

Answer 6

In acting as a supervisor or manager to others providing legal services, you must remain **accountable **for the work carried out through them and effectively supervise work being done for clients.

A firm must have an effective system in place for supervising client’s matter.

Question 7

Training and Guidance

Answer 7

1. You must ensure that the individuals you manage are com-
   petent to carry out their role and that they keep their professional knowledge and skills, as well as their understanding of their legal, ethical, and regulatory obligations,** up to date.**
2. A firm has the same duty with respect to all of its managers and employees.