WS2- SRA Code of Conduct: Solicitors professional conduct and ethics

Question 1

what is the SRA

Answer 1

solicitors regulatory authority

Question 2

what is the contract called between a solicitor and their client?

Answer 2

retainer

Question 3

what are the 3 general provisions in relation to client money and assets in the SRA code?

Answer 3

1) a solicitor must properly account to their clients for any financial benefit received as a result of their instructions, except where they have agreed otherwise,
2) money and assets entrusted to a solicitor by a client or others must be safeguarded,
3) a solicitor must not personally hold client money save as permitted under the regulations

Question 4

what is a maxim for conflict of interest?

Answer 4

‘if in doubt, don’t act’

Question 5

what are the 4 main models of regulation for law firms?

Answer 5

rules based
outcomes based- desirable outcomes, discretion for the lawyers
self-enforced regulation- review their own practices and policies
competitive regulation- government sets up a range of regulators

Question 6

to practice law, a solicitor must…

Answer 6

1. have been admitted as a solicitor
2. have his/her name on the roll and
3. have a current practicing certificate

Question 7

what does the legal services act 2007 provide definitions for?

Answer 7

• reserved legal activity
• legal activity

Question 8

where can the job of the LSB be found?

Answer 8

Legal services act 2007, s.3(2), LSB has the job of promoting the regulatory objectives 1-3

Question 9

CPD

Answer 9

continuing professional development

Question 10

SDT

Answer 10

deals with allegations of serious breaches of rules

Question 11

BSB

Answer 11

bar standards board

Question 12

BTAS

Answer 12

Bar tribunals and adjudication serve- organises hearings in instances of complaints against barristers

Question 13

OCL

Answer 13

Legal ombudsman- established by the office for legal complaints under the legal services act 2007

Question 14

what are the 8 sections of the SRA?

Answer 14

1. Maintaining trust and acting fairly
2. Dispute Resolution Proceedings before the Courts
3. Service Competence
4. Client money and assets
5. Referrals, introductions and separate businesses
6. Conflicts, Confidentiality and Disclosure
7. Cooperation and accountability
8. Client identification, complaints handling and client information and publicity

Question 15

what are the 4 obligations that centre around maintaining trust and acting fairly?

Answer 15

1. Prohibition on unfairly discriminating by allowing personal views to affect professional relationships and the way in which services are provided;
2. prohibition on abuse of position by taking unfair advantage of a client or others;
3. a duty to perform all undertakings given within an agreed or reasonable timescale; and
4. an obligation not to mislead the court, clients or others.