SRA Principles Flashcards
What are the principles of SRA?
You act:
- Justice and the rule of law
- Public trust
- with independence
- With honesty
- with integrity
- encourages equality, diversity and inclusion
- in best interest of each client
Justice and the rule of law?
Solicitor committing criminal offence e.g misleading court
Public trust?
- protect their interest, money and assets
- represent their best interest both financial and personal
- preserve information which is commercially or personally sensitive
Independence?
Solicitors must put their ethical obligations first and keep their independence -> should not put their own or their clients interest above their wider professional obligations to the administration of justice, the rule of law and the courts.
- Therefore, they should be prepared to decline instructions that would conflict their obligations
What is the Honesty test the SRA adopted?
- What was the solicitors genuine knowledge or belief as to the facts at the time?
- In view of the solicitors knowledge or belief at the time, was their conduct dishonest by the standards of ordinary people?
Whats the difference between honesty and integrity? What is the list of examples SRA has provided for non-exhaustive list of integrity?
Integrity is a broader term
- displaying wilful or reckless disregard of standards, rules, legal requirements and obligations or ethics
- taking unfair advantage of clients or third parties
- misleading clients or third parties
What is the list of examples SRA has provided for non-exhaustive list of dishonesty?
-taking or using someone else’s money without their knowledge
- lying to or misleading someone
- knowingly bringing false case to court
- helping other people to act improperly
- giving false info to firm insurer
Equality, diversity and inclusion, what does each mean?
- Equality - making sure there is a level playing field and people are treated fairly.
- Diversity - encouraging and valuing people with a broad range
of different backgrounds, knowledge, skills, and experiences. - Inclusion - accepting people for who they are and encouraging everyone to participate and contribute.
What does it state about Equality, diversity and inclusion?
You do not unfairly discriminate by allowing your personal views to affect your professional relationships and the way in which you provide your services
Best interests of the client?
derives from common law -> reflects that that solicitor to be in a fiduciary position in relation to a client