Standards & Regulations Flashcards
1
Q
What do the SRA Standards and Regulations contain?
A
The SRA Standards and Regulations contain the main rules and regulations affecting solicitors and their staff, including:
- Seven mandatory SRA Principles
- SRA Code of Conduct for Solicitors
- SRA Code of Conduct for Firms
- SRA Accounts Rules
An online version reflecting the latest changes is available at www.sra.org.uk.
2
Q
How many mandatory SRA Principles are there?
A
There are seven mandatory SRA Principles.
These Principles are compulsory and apply to all ethical issues.
3
Q
What are the SRA Principles considered to be?
A
The SRA Principles are considered the fundamental tenets of ethical behaviour expected from those regulated by the SRA.
They are key ethical and professional requirements for all firms providing legal services.
4
Q
What should be considered when two or more SRA Principles come into conflict?
A
The Principle taking precedence is the one which best serves the wider public interest in the circumstances.
This ensures that ethical decisions prioritize the public good.
5
Q
What is the first SRA Principle?
A
Act in a way that upholds the constitutional principle of the rule of law and the proper administration of justice.
This Principle emphasizes the importance of legal integrity.
6
Q
What is the second SRA Principle?
A
Act with independence.
Independence is crucial for maintaining impartiality in legal services.
7
Q
What is the third SRA Principle?
A
Act in a way that upholds public trust and confidence in the solicitors profession and in legal services provided by authorised persons.
This Principle reinforces the need for public trust in legal practitioners.
8
Q
A
9
Q
A
10
Q
What is the first principle regarding action in the legal profession?
A
You act in a way that upholds the constitutional principle of the rule of law and the proper administration of justice.
11
Q
What does the second principle emphasize in relation to public perception?
A
You act in a way that upholds public trust and confidence in the solicitors profession and in legal services provided by authorised persons.
12
Q
What is the principle related to independence?
A
You act with independence.
13
Q
What is the principle related to honesty?
A
You act with honesty.
14
Q
What is the principle related to integrity?
A
You act with integrity.
15
Q
What principle encourages social values in the legal profession?
A
You act in a way that encourages equality, diversity and inclusion.
16
Q
What is the principle concerning clients’ interests?
A
You act in the best interests of each client.
17
Q
A
18
Q
What is the SRA Code of Conduct for Solicitors?
A
A set of guidelines governing the conduct of solicitors.
19
Q
Name one section of the SRA Code of Conduct for Solicitors.
A
Maintaining trust and acting fairly.
20
Q
Name another section of the SRA Code of Conduct for Solicitors.
A
Client money and assets.
21
Q
What does the section ‘Conflict of interests’ address?
A
It addresses situations where a solicitor’s interests may conflict with those of a client.
22
Q
What is covered under the section ‘Dispute resolution and proceedings before courts tribunals and inquiries’?
A
Guidance on handling disputes and proceedings involving clients.
23
Q
What is the focus of the ‘Service and competence’ section?
A
Ensuring solicitors provide competent and high-quality service.
24
Q
What is the purpose of ‘Referrals, introductions and separate businesses’?
A
To govern how solicitors handle referrals and introductions to other businesses.
25
What does 'Confidentiality and disclosure' entail?
It emphasizes the importance of maintaining client confidentiality.
26
What is meant by 'Cooperation and accountability'?
Solicitors must cooperate with regulatory bodies and be accountable for their actions.
27
What is required under 'Client identification'?
Solicitors must verify the identity of their clients.
28
What does the 'Complaints handling' section detail?
Procedures for addressing client complaints.
29
What is the focus of 'Client information and publicity'?
Guidelines on how solicitors manage client information and publicize their services.
30
What is the first section of the SRA Code of Conduct for Firms?
Maintaining trust and acting fairly
31
What section of the SRA Code of Conduct for Firms addresses business systems?
Compliance and business systems
32
Which section focuses on the importance of cooperation and accountability?
Cooperation and accountability
33
What is the focus of the 'Service and competence' section in the SRA Code of Conduct for Firms?
Service and competence
34
What does the SRA Code of Conduct for Firms say about handling client money?
Client money and assets
35
What section addresses potential issues arising from conflicting interests?
Conflict of interests
36
Which section of the SRA Code of Conduct for Firms deals with issues of confidentiality?
Confidentiality and disclosure
37
What outlines the applicable standards in the SRA Code of Conduct?
Applicable standards in the SRA Code of Conduct for Solicitors
38
Who is responsible for compliance in SRA authorised firms?
Compliance officers
39
Fill in the blank: The SRA Code of Conduct for Firms includes a section on _______.
Conflict of interests
40
What does the SRA Code of Conduct for Solicitors aim to clarify?
The duties owed by solicitors and their staff to their clients, the Court, and third parties.
41
True or False: The SRA Code of Conduct for Solicitors outlines the responsibilities of solicitors only to their clients.
False
42
Fill in the blank: The SRA Code of Conduct for Solicitors sets out the duties owed by solicitors to _______.
[clients, Court, third parties]
43
44
What should you not do with evidence in court proceedings?
You do not misuse or tamper with evidence or attempt to do so.
## Footnote
This emphasizes the importance of integrity in handling evidence.
45
What type of statements can you make to the court?
You only make assertions or statements which are properly arguable.
## Footnote
This ensures that all claims presented are based on reasonable grounds.
46
What must you do regarding court orders?
You do not place yourself in contempt of court and comply with court orders.
## Footnote
Compliance with court orders is crucial to uphold the rule of law.
47
How should you manage the court's time?
You do not waste the court's time.
## Footnote
Efficient use of court time is essential for the legal process.
48
What must litigators draw the court's attention to?
Relevant cases, statutory provisions, or procedural irregularities likely to affect the outcome.
## Footnote
This obligation ensures that the court has all necessary information for fair adjudication.
49
Fill in the blank: Litigators must not tamper with _______.
[evidence or witnesses].
## Footnote
Tampering undermines the justice system.
50
What overarching obligation do litigators have regarding court awareness?
Ensure the court is aware of relevant cases and statutory references.
## Footnote
This is critical for the court's decision-making process.
51
52
What should you do if you suspect that the instructions do not represent your client's wishes?
Do not act unless you have satisfied yourself that they do.
## Footnote
This emphasizes the importance of client consent and understanding in legal matters.
53
What is the overriding obligation when you have legal authority to act without obtaining client instructions?
Protect your client's best interests.
## Footnote
This ensures that even in the absence of direct instructions, the client's welfare remains a priority.
54
What are the key aspects of the service you provide to clients?
Competent and timely manner.
## Footnote
This highlights the importance of both quality and efficiency in client service.
55
What must you maintain to carry out your role effectively?
Competence and up-to-date professional knowledge and skills.
## Footnote
Continuous professional development is crucial in legal practice.
56
When supervising or managing others providing legal services, what are your responsibilities?
* Remain accountable for work carried out through them
* Effectively supervise work being done for clients
## Footnote
Accountability and effective supervision ensure quality service delivery.
57
What must you ensure regarding individuals you manage?
They are competent to carry out their role and their professional knowledge, skills, and understanding of legal ethical and regulatory obligations are up to date.
## Footnote
This is essential for maintaining standards within the legal team.
58
Fill in the blank: You consider and take account of clients' _______.
[attributes, needs, and circumstances].
## Footnote
Understanding clients holistically aids in providing tailored legal services.
59
What is a key responsibility of solicitors regarding client financial benefits?
You properly account to clients for any financial benefit you receive as a result of their instructions, except where they have agreed otherwise.
## Footnote
This emphasizes the importance of transparency and trust in the solicitor-client relationship.
60
What must solicitors do with money and assets entrusted to them?
You safeguard money and assets entrusted to you by clients and others.
## Footnote
This responsibility is crucial to maintaining the integrity of the solicitor's role.
61
In which areas of work do solicitors typically hold considerable sums of money belonging to clients?
Probate and conveyancing.
## Footnote
These areas often involve significant financial transactions and client trust.
62
True or False: Solicitors can receive financial benefits from clients without their agreement.
False.
## Footnote
Solicitors must account for any financial benefits received unless clients have agreed otherwise.
63
What must clients be informed of when referred to another person?
Any financial or other interest you or your business has in referring the client
## Footnote
This includes interests held by the introducer in referring the client to you.
64
What must clients be informed of regarding fee sharing arrangements?
Any fee sharing arrangement that is relevant to their matter
## Footnote
This ensures transparency in financial dealings.
65
What is required for a fee sharing agreement?
The fee sharing agreement must be in writing
## Footnote
This is to ensure clarity and enforceability of the agreement.
66
Can you receive or make payments related to a referral for clients in criminal proceedings?
No, you cannot receive payments relating to a referral or make payments to an introducer for clients who are the subject of criminal proceedings
## Footnote
This is to prevent conflicts of interest and maintain ethical standards.
67
Under what condition can you refer a client to a separate business?
When the client has given informed consent
## Footnote
This ensures that clients are fully aware of and agree to the referral.
68
What professionals may solicitors make referrals to?
Estate agents and financial advisers
## Footnote
This highlights the networking aspect of solicitors' roles.
69
What does Paragraph 5.1 emphasize regarding financial interests?
The importance of full disclosure to the client of any financial interest
## Footnote
This is crucial for maintaining trust and transparency in professional relationships.
70
Why is there a complete ban on referral fees from illicit resources for criminal clients?
To justify the complete ban due to potential dangers
## Footnote
This is to protect clients and uphold the integrity of legal practice.
71
72
In relation to para 5.3 code of conduct when can referral of solicitors clients be made?
If client gives informed consent with full knowledge & implications of referral
73
74
75
76
77
What is the main principle that must be complied with regarding conflicts of interest?
Principle 7, to act in the best interests of each client.
78
How can conflicts of interest be characterized?
As 'own interest conflict' or 'client conflict'.
79
What is an 'own interest conflict'?
A conflict of interests between you and the client.
80
What is a 'client conflict'?
A conflict of interest between two or more current clients.
81
What should you do if there is an own interest conflict?
You do not act if there is an own interest conflict or a significant risk of such a conflict.
82
Under what condition can you act if there is a conflict of interest?
If the clients have a substantially common interest in relation to the matter.
83
What must clients do if they are competing for the same objective?
All clients must give informed consent, evidenced in writing.
84
What safeguard must you implement when acting for multiple clients?
Effective safeguards to protect your client's confidential information.
85
What must you be satisfied with when acting for all clients?
That it is reasonable for you to act for all clients.
86
87
What does Paragraph 6.1 forbid?
Conflicts of interest between the client and the solicitor personally
## Footnote
This establishes the basic principle that solicitors should avoid situations where their interests conflict with those of their clients.
88
Under what conditions can solicitors act in cases of conflict of interest between clients according to Paragraph 6.2?
Limited and tightly defined circumstances
## Footnote
This indicates that solicitors must carefully assess the situation before proceeding.
89
What is one example of a situation where clients have a 'substantially common interest'?
A married couple purchasing a house together
## Footnote
This exemplifies a scenario where the interests of both clients align closely.
90
Who else is considered to have a 'substantially common interest' in a real estate transaction?
A purchaser of land and their mortgagee (bank or building society)
## Footnote
Both parties are interested in the title of the land being marketable.
91
What is the second exception to the conflict of interest rule mentioned?
Solicitor acting for several sophisticated commercial clients in a 'contract race'
## Footnote
This situation is highly specific and limited to commercial contexts.
92
What must the solicitor be satisfied of before acting in cases of conflict of interest?
That it is reasonable to act
## Footnote
This emphasizes the importance of the solicitor's judgment in potential conflicts.
93
94
What is the general principle regarding client confidentiality?
You keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or the client consents.
95
What must you do when acting for a client on a matter?
Make the client aware of all information material to the matter of which you have knowledge.
96
Under what circumstances can information not be disclosed to a client?
When:
* Disclosure is prohibited by legal restrictions for national security or crime prevention
* The client gives informed consent in writing
* Serious physical or mental injury may result from disclosure
* The information is in a privileged document mistakenly disclosed.
97
Can you act for a client with an interest adverse to another client?
No, unless:
* Effective measures are taken to prevent disclosure of confidential information
* The current/former client gives informed consent in writing.
98
Fill in the blank: You do not act for a client in a matter where that client has an interest ______ to the interest of another current or former client.
[adverse]
99
What should be done to protect information when acting for clients with potentially conflicting interests?
Take effective measures to ensure no real risk of disclosure of confidential information.
100
What are certain circumstances under which disclosure of confidential information can be made by law?
Certain statutes empower government and other bodies to require disclosure of documents and information
## Footnote
For example, HM Revenue & Customs has such powers.
101
What are the reporting requirements under money laundering regulations?
Lawyers must disclose information if they believe it is necessary to prevent a criminal act likely to result in serious bodily harm
## Footnote
This applies to both clients and third parties.
102
In what exceptional circumstances involving children can information be revealed to a public authority?
Information may be revealed when a child is the client and discloses ongoing sexual or physical abuse
## Footnote
The lawyer must consider the threat to the child's life or health.
103
True or False: Lawyers are always required to keep client information confidential without exception.
False
## Footnote
There are specific legal circumstances where disclosure is permitted.
104
Fill in the blank: Lawyers may disclose confidential information to prevent a client or third party from committing a _______.
[criminal act]
105
Who may require the disclosure of documents and information from individuals?
Government and other bodies empowered by certain statutes
## Footnote
An example includes HM Revenue & Customs.
106
What should a lawyer consider when a child reveals information about abuse?
The threat to the child's life or health
## Footnote
This consideration is crucial before any disclosure is made.
107
What is the importance of the SRA Code of Conduct for Solicitors?
It helps solicitors and their staff handle both justified and unjustified complaints effectively.
108
What must solicitors establish or participate in according to paragraph 8.2?
A procedure for handling complaints in relation to the legal services provided.
109
What should clients be informed about at the time of engagement according to paragraph 8.3?
Their right to complain and how to do so.
110
Fill in the blank: Clients have the right to complain to _______ about services and charges.
[you]
111
What additional information should clients receive according to paragraph 8.3?
Any right to complain to the Legal Ombudsman and when they can do so.
112
True or False: Clients should not be informed about their complaint rights.
False
113
What must clients be informed of if their complaint is not resolved within eight weeks?
Clients must be informed in writing of:
* Their right to complain to the Legal Ombudsman
* The time frame for doing so
* Full details of how to contact the Legal Ombudsman
## Footnote
This is outlined in Paragraph 8.4.
114
What should be provided if a complaint has been brought and the complaints procedure has been exhausted?
Clients must be informed of:
* That the complaint cannot be settled
* The name and website address of an ADR approved body
* Whether you agree to use the scheme operated by that body
## Footnote
These details are part of the requirements set out in Paragraph 8.4.
115
What is the requirement for handling complaints according to the document?
Complaints must be dealt with promptly, fairly, and free of charge.
## Footnote
This is stated in Paragraph 85.
116
When must information be provided in writing at the beginning of a matter?
Information must be provided in writing as outlined in Paragraph 8.3.
## Footnote
This requirement is part of the overall complaints handling process.
117
What is the time limit for resolving complaints internally within the solicitors' firm?
The time limit for resolving complaints internally is eight weeks.
## Footnote
This is specified in Paragraph 8.4.
118
True or False: Clients must be informed of the Legal Ombudsman details only if their complaint is unresolved for more than four weeks.
False
## Footnote
The requirement is for eight weeks, not four.
119
Fill in the blank: Complaints handling is underpinned by the requirements set out in Paragraph _______.
8.5
## Footnote
This paragraph establishes the foundational requirements for all complaints handling.
120
What is a vital component of every successful law firm?
Good client care
## Footnote
Emphasizes the importance of client satisfaction and service quality in legal practice.
121
What must solicitors and their employees comply with?
SRA Standards and Regulations
## Footnote
These regulations govern the conduct of solicitors in the UK.
122
How many Principles are set out in the SRA Standards and Regulations?
Seven Principles
## Footnote
These principles outline the key ethical and professional requirements for solicitors.
123
What two codes are included in the SRA Standards and Regulations?
SRA Code of Conduct for Solicitors and SRA Code of Conduct for Firms
## Footnote
These codes provide specific guidance on professional conduct.
124
List three sections of the SRA Code of Conduct for Solicitors.
* Maintaining trust and acting fairly
* Dispute resolution and proceedings
* Service and competence
## Footnote
These sections guide solicitors in their professional responsibilities.
125
What must law firms comply with to fulfill the requirements of the Proceeds of Crime Act 2002?
Strict anti-money laundering procedures
## Footnote
Compliance is essential to prevent financial crime and ensure legal integrity.
126
Fill in the blank: The SRA Code of Conduct for Solicitors includes _______.
Client money and assets
## Footnote
This section addresses the handling of client funds and property.
127
True or False: Confidentiality and disclosure are part of the SRA Code of Conduct for Solicitors.
True
## Footnote
Confidentiality is critical in maintaining client trust.
128
What regulations must law firms adhere to regarding money laundering?
Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
## Footnote
These regulations complement the Proceeds of Crime Act 2002.
129
What is required for complaints handling according to the SRA Code of Conduct?
Effective complaints handling procedures
## Footnote
Ensures that client grievances are addressed appropriately.
130
List two aspects included in the SRA Code of Conduct for Solicitors.
* Conflict of interests
* Client identification
## Footnote
These aspects are essential for ethical legal practice.
131
Fill in the blank: Cooperation and _______ are principles in the SRA Code of Conduct.
accountability
## Footnote
This principle emphasizes the responsibility of solicitors to work collaboratively and transparently.
132
What is the purpose of the SRA Code of Conduct?
To set standards for professional behavior and practice for solicitors
## Footnote
It serves as a framework for ethical conduct in legal practice.
133
What is expected from firms regarding client information?
Proper management and publicity of client information
## Footnote
Ensures respect for client privacy and compliance with data protection laws.
134
