SQE2

Question 1

litigation Code of Conduct / DR

Answer 1

• Don’t mislead
• Don’t misuse or tamper with evidence
• Don’t influence the substance of evidence
  ○ E.g. false evidence or persuading witnesses to change their evidence
• Don’t offer benefit to witnesses dependent on nature of their evidence/outcome of case
• Only put forward properly arguable submissions
• Don’t waste court’s time
• Draw attention to cases, statute or procedural irregularities with material outcome

Question 2

When may you need to mention clients source of funds?

Answer 2

Perhaps letter to supervisor in property transaction
(most obvs example - but there will be others)

basically where there is a risk or suggestion of money laundering, just don’t forget to flag it.

not to client though.

Question 3

What is an undertaking and what must you do if given?

Answer 3

Statement orally or writing someone reas replaces reliance that u or TP will do or cause something to be done or refrain from doing something

Must then do in agreed timescale or if not agreed, reasonable time

Question 4

Contract race - do u only need to inform new potential buyers when sending contract to them?

Answer 4

Nope

You need to inform all buyers immediately that they are in a contract race. If the client does not agree to this you must stop acting for them.