The Code

Question 1

Example of O(3.6)

Answer 1

disproportionate cost to instruct a separate solicitor.

Question 2

What does ‘strong consensus’ mean?

Answer 2

parties have already agreed how deal is to go ahead, and all key terms have been agreed.

Question 3

Example of O(3.7)?

Answer 3

Must be sophisticated users of legal services.
Bot opposite sides of litigation or transaction
Competing bidders for business sold at auction
more than one creditor on insolvency of company

Question 4

What is contained within s.56(1) LASPO?

Answer 4

claimant’s claim for damages in respect of personal injury or death in consideration for a referral fee

Cannot be Defendant’s

Question 5

ABS requirements?

Answer 5

SRA authorisation

non-lawyer personnel who own more than 10% stake must pass fit and proper person test!

Question 6

Good reason to terminate a retainer?

Answer 6

cannot obtain clear instructions
breaking law
client has failed to pay bills.

Question 7

O(4.4) ?

Answer 7

Cannot act if material in your head 
If O(4.4) applies someone else in the firm or another branch may be able to act

Question 8

In what additional situation would one need to safeguard client confidentiality?

Answer 8

Context of outsourcing e.g. photocopying.

Question 9

Disclosure permitted by law?

Answer 9

If info already in public domain