Dispute Resolution and Proceedings Before Courts, Tribunals and Inquiries Flashcards
Can a solicitor (or firm) misuse or tamper with evidence?
No
Can a solicitor (or firm) try and influence the substance of evidence by pursuading a witness to change their evidence?
No
You called up a witness but they want to be paid for the appearance, can you still call the witness?
No, you can only compensate for their travel expenses or lost work earnings
Can you bring a case to court that is not properly arguable?
No, you cannot waste the courts time
Your opponent fails to mention a relevant case/law, do you have to tell the court if you are aware of it but it will harm your client’s matter?
Yes, you must bring to the court’s attention any relevant cases and law
Must you tell the court if you become aware of a procedural irregularity?
Yebo
Can you accept instructions for someone acting on behalf of a client?
Yes, but you must check the appointing document and ensure they have mental capacity to do so
When must you not represent a client when you recieve instructions for that client from an authorised person?
When you suspect that the unauthorised person’s instructions don’t represent your client’s wishes
An old woman’s son instructs you to transfer her car into his name, can you do so?
If you suspect that it is not her actual instruction, you may refuse and investigate further to confirm the instructions
What happens when you suspect the authorised person is not giving the client’s actual instructions but you have no way to ascertain the client’s actual instructions?
You must protect your clients best interests
Can you take on a client if you don’t have time to do so?
No, because you have a duty to provide competent and timely service
What must you take into account when customising your service to a client?
Account for client’s attributes, needs and circumstances
What are your duties if you are a managing / supervising lawyer?
You are accountable for your junior’s work and you must effectively supervise the work
What is a firm’s duties when managing client’s matters?
It must have an effective system to manage client’ matters
A solicitor and firm must ensure its juniors are competent and are kept up to date with the law, true or false?
True
