SRA Principles Flashcards
Purpose
In the event that the principles come into conflict it is those principles that safeguard the wider public interest which take precedence over the interests of individual clients.
Principle 1 - Justice and Rule of Law
Must act in a way that upholds the constitutional principle of the rule of law and proper administration of justice.
Principle 2 - Public Trust
Must act in a way that upholds public trust and confidence in the solicitor’s profession and legal services. Behaviour of the solicitor need not to be criminal e.g sending of offensive communications
Principle 3 - Independence
Must act with independence. This means solicitor’s own and firm’s independence. This could include independence from clients and 3rd parties
Principle 4 - Honesty
Must act with honesty. This will result in them being struck off. Applies to life outside practice. 2 stage test:
1) What was the solicitor’s genuine knowledge/belief as to the facts at the time?
2) In view of the solicitor’s knowledge or belief at the time was their conduct dishonest by standards of ordinary decent people?
Principle 5 - Integrity
Must act with integrity. Applies to all professional dealings with clients, the court, other lawyers and public. Possible to lack integrity without being dishonest.
Principle 6 - Equality, diversity and inclusion
Must act in a way that encourages equality, diversity and inclusion. Must comply with all anti-discrimination legislation. Should a firm refuse to act for a client on the basis of ethnicity or sexual orientation or fail to make reasonable adjustments to enable disabled clients to access firm = unlawful.
Principle 7 - Best interests of the client
Must act in the best interests of the client. Ensure client care, competence and standard of work. Capacity to take on a particular matter