Ethical and professional conduct issues

Question 1

When taking instructions on a will, what must a solicitor comply with?

Answer 1

Relative regulations and duties

SRA Codes of conduct

Question 2

What does CCS 3.1 say in relation to third party instructions?

Answer 2

You can only act for clients on instruction from them, or from someone properly authorised to provide instruction on their behalf

Question 3

Do you have to act if you suspect that instructions from a third party do not respect your client’s wishes?

Answer 3

No you do not have to act until satisfied

Question 4

When taking third party instructions on a will, what risk factors should a solicitor be aware of?

Answer 4

The risk of undue influence - as this would make the will invalid

Question 5

What does CCS3.2 say in relation to providing a competent service?

Answer 5

You should ensure that the service you provide to clients is competent and delivered in a timely manner

Question 6

What does CCS3.3 say in relation to providing a competent service?

Answer 6

You must maintain your competence to carry out your role and keep your professional knowledge and skills up to date

Question 7

What does CCS3.4 say in relation to client’s circumstances?

Answer 7

You need to consider and take into account your client’s attributes, needs and circumstances

Question 8

What does CCS6.1 say in relation to gifts to a solicitor in a will?

Answer 8

You do not act if there is an own interest conflict or a significant risk of such a conflict

If a client wishes to leave a solicitor a significant value gift they should seek independent legal advice otherwise there may be a conflict

Question 9

What is the common law duty that a solicitor should be aware of when preparing a will?

Answer 9

The duty of due skill and care, and within a reasonable time - White v Jones

The obligation to draft a will which gives effect to Ts instruction

The requirement to advise a client how to execute their will

Question 10

What is good practice when taking instructions on a will?

Answer 10

Having a personal meeting with T and a solicitor taking a detailed attendance note of Ts wishes

Question 11

What risk should a solicitor be aware of when taking instructions on a will?

Answer 11

IPFDA claims - key case Ilott v Blue Cross