Maintaining Trust and Acting Fairly Flashcards
To whom does the duty to maintain trust and act fairly apply?
Solicitors and firms
Are solicitors allowed to discriminate by allowing personal views to affect professional relationships in the way their provide their services?
No
What are a solicitor’s obligations regarding reasonable adjustments?
To ensure that clients/employees are not put at substantial disadvantaged compared to those who are not disabled
How much can a solicitor charge for providing reasonable adjustments to a disabled employee?
Trick question - nothing
Can you avoid making adjustments for a disabled client if it is too expensive?
Yes, you only need to accomodate needs if it is reasonable to do so
Should you take unfair advantage of your clients?
No
If you fail to inform someone that their view on a matter is incorrect, what is this an example of?
Misleading others by omission
What does misleading others entail, acts, omissions…
being complicit in acts or omissions of others
When should undertakings be performed?
Within the agreed timescale, absence of which within a reasonable amount of timeW
Can a secretary in a firm make an undertaking on behalf of the firm?
Yes
What is an undertaking?
- Statement
- upon which reasonable reliance is placed
- that you or someone else will do something, procure something to be done, or not do something
What is best practice when giving an undertaking?
- Solicitor must give it
- Should be in writing
- Clearly states that it is an undertaking
- Given only with client’s express authority
- Recorded on a file and register of undertakings at the firm
- Clear in its terms (ambiguous undertakings are construed against the party giving it)
Can an undertaking be given orally?
Yes
Do you need intention to give an undertaking or can it be given inadvertently?
Can be given inadvertently
What should you do when an undertaking is dependent on something else happening and it is apparent the future event won’t happen?
Tell the recipient of the undertaking
