Ethics And Regulation Flashcards
(17 cards)
What’s expected of solicitors (sols) in their behaviour?
High ethical standards
What do we call the rules sols must follow?
Professional conduct
Do sols only follow the country’s laws?
No, follow extra rules bc of their job
Who checks if sol’s follow rules?
Solicitors regulation authority (SRA)
Where do clients go if they have complaints abt a sol?
Legal onbudsman (LeO)
What happens if sol breaks the rules?
Its called breach of professional conduct
Can courts take action against solicitors?
Yes
Courts have powers to act
When a solicitor’s mistake causes harm, what is it?
Negligence
What does the law society say about ethics?
“The commitment to behaving ethically is at the heart of what it means to be a solicitor”
What’s ethics?
A system of moral principles/values governing how people behave
What does it mean to behave ethically?
“Doing the right thing”
Does unethical behaviour mean it’s also illegal?
No, unethical behaviour don’t mean its illegal -eg adultery
Does breaking the law constitute to unethical behaviour?
Yes
Obviously solicitors can’t kill innocent people, the same applies to the public, but do they have more ethical obligations?
Yes
law society (SRA) v emeana and others [2013] EWHC 2130 Admin:
Lord justice moses: “ public won’t find it acceptable that those behaving in this way should act as solicitors”
Give an example of client confidentiality:
Public: knows the person who committed a crime = report perpetrator to police BUT
Solicitor: if the perpetrator is a client, DUTY OF CLIENT CONFIDENTIALITY may mean solicitor is not under same obligation to report the matter
If an individual solicitor acts unethically, will this taint the justice system as a whole?
Yes
Public trust in that system declines
