SRA Principles Flashcards
What are the SRA Principles
They define the fundamental ethical and professional standards that the SRA expects of all firms and individuals it regulates.
They are the fundamental tenets of ethical behaviour that we expect all those to uphold
What are the 7 principles?
Uphold constitutional principle of rule of law
Upholds public trust and confidence
Independence
Honesty
Integrity
Encourages equality, diversity and inclusion
Best interests of the client
What is principle 1?
Requires a solicitor to act in a way that upholds the constitutional principle of the rule of law, and proper administration of justice
What happens if there is a breach of principle 1?
If the solicitor breaches it, say a criminal offence, SRA will carry out an investigation when a solicitor is committed.
However, action is ultimately taken by the SRA
What is principle 2?
Requires a solicitor to act in a way that upholds public trust and confidence in the solicitors profession and in legal services provided by authorised persons.
What is principle 3?
Solicitors own and the firms independence.
Solicitor should avoid situations which might put their independence at risk - eg, giving control of their practice to a third party, whcih is beyond the regulatory reach of the SRA, or another approved regulator.
What is principle 4?
Requires a solicitor to act with honesty
This is VERY IMPORTANT.
What happens if principle 4 is breached?
Most severe disciplinary action - struck off the roll.
This is for LIFE, not just solicitor roles. Therefore, if done for theft, then you can be struck off.
What is the Ivey v casinos case?
When dishonesty is in question, have to ascertain if the actual state of the individuals knowledge or belief as to the facts.
Then, must tbe determined by the objective standard of ordinary deceit people.
Therefore, 2 stage test for dishonesty.
What is principle 5?
Requires a solicitor to act with integrity
Applies to all professional dealings with clients, court, lawyers and public..
What is principle 6?
Requires a soicitor to act in a way that encourages equality, diversity and inclusion.
How does principle 6 go BEYOND the equality act 201?
It places a positive requirement on solicitors to ensure their actions encourage equality, diversity and inclusion. These are wide and distinct concepts.
What is principle 7?
Requires solicitor to act in the best interests of each client
Derived from common law.
