2. Maintaining Trust and Acting Fairly Flashcards

1
Q

To whom do the standards regarding maintaining trust and acting fairly apply?

A

Solicitors and firms

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2
Q

Discrimination

What is the legal obligation to provide reasonable adjustments to disabled clients and employees?

Who should absorb the costs of these adjustments?

A

Such that they are not placed at a substantial disadvantage compared to those who are not disabled.

Costs of the adjustment must not be passed on.

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3
Q

Discrimination

Do all adjustments have to be implemented?

A

No, only those which are reasonable

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4
Q

Misleading Others

What are three ways in which a solicitor may mislead a client or the court?

A
  1. Affirmative acts
  2. Omissions
  3. Being complicit in the acts or omissions of others
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5
Q

Misleading Others

What is a situation on the SQE where a misleading omission could be tested?

A

Where the solicitor fails to inform the other side that their view on a matter is incorrect

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6
Q

Undertakings

What is an undertaking?

A

Statement, oral or in writing, irrespective of use of the word undertaking

…made to someone who reasonably places reliance on it…

…that you or a third party will do/refrain from doing something, or cause something to be done.

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7
Q

Undertakings

Within what timescale must an undertaking be performed?

A

Within whatever timescale is agreed

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8
Q

Undertakings

What timescale applies to undertakings where none is agreed?

A

Within a reasonable amount of time

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9
Q

Undertakings

Who can give an undertaking?

A

Anyone, including non-lawyers

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10
Q

Undertakings

Is a solicitor who gives an undertaking to pay the other side’s legal fees out of the client’s proceeds bound even though the money isn’t yet in the client account?

A

Yes

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11
Q

Undertakings

How will an ambiguous undertaking be construed?

A

Against the party that gave it

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12
Q

Undertakings

What is the duty where an undertaking is given dependent on a future event, and it becomes clear the event will not occur?

A

Notify the recipient of the undertaking

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13
Q

Undertakings

In what way is a solicitor bound by an undertaking?

A

Personally

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14
Q

Does an undertaking need to be in writing?

A

No, it can also be oral

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15
Q

What is best policy regarding undertakings?

A

To make them in writing, in line with firm’s policy and to keep a clear record of them

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16
Q

Who are undertakings binding on?

A

The firm and the individual who gave the undertaking

17
Q

What are the consequences of breaching an undertaking?

A

Court could order enforcement/ compensation/ disciplinary proceedings

18
Q

Can the SRA enforce an undertaking?

A

No, only the court can enforce a breach of an undertaking, although a breach would amount to a breach of SRA regulations