Maintaining Trust and Acting Fairly Flashcards
(5 cards)
A solicitor represents a client in a high-value litigation case. The client asks the solicitor to “forget to mention” a crucial document that weakens their case. What is the solicitor’s best course of action?
A) Follow the client’s instructions as they are acting in the client’s best interests.
B) Refuse the instruction and explain that misleading the court breaches their professional obligations.
C) Submit the document to the court but downplay its importance.
D) Withdraw from the case without informing the client of the reason.
B) Refuse the instruction and explain that misleading the court breaches their professional obligations.
Explanation:
Solicitors must act in the best interests of their clients (Principle 7), but not at the expense of honesty and integrity (Principles 4 and 5).
Misleading the court (CCS 1.4) is a serious breach that could result in disciplinary action.
Withdrawing from the case (D) without an explanation may still allow the client to mislead the court with another solicitor.
A solicitor is approached by a potential client who requires legal representation. The solicitor, after reviewing the case, decides they do not have the necessary expertise in the area of law and refuses to take on the client. Has the solicitor breached any rules?
A) No, solicitors are entitled to refuse clients for legitimate reasons, such as lack of expertise.
B) Yes, the solicitor has unfairly discriminated under CCS 1.1.
C) Yes, the solicitor has failed to act in the best interests of the client under Principle 7.
D) Yes, the solicitor has failed to act with integrity under Principle 5.
A) No, solicitors are entitled to refuse clients for legitimate reasons, such as lack of expertise.
Explanation:
Solicitors are not required to take on every client and may refuse for valid reasons, such as lack of expertise, conflict of interest, or workload constraints.
CCS 1.1 prohibits unfair discrimination, but declining a case due to lack of knowledge or experience is not discriminatory.
The solicitor’s duty to act in the client’s best interests (Principle 7) applies only once representation is accepted.
A solicitor is advising a client on a business acquisition. The client asks the solicitor to tell the seller that the business is “not worth much” to negotiate a lower price, even though the solicitor knows it is highly valuable. What should the solicitor do?
A) Follow the client’s instruction as it is a negotiation strategy.
B) Proceed but phrase the statement carefully to avoid outright dishonesty.
C) Refuse to make the false statement and advise the client of their ethical obligations.
D) Make the statement, as the solicitor’s duty is to act in the client’s best interests.
C) Refuse to make the false statement and advise the client of their ethical obligations.
Explanation:
Misleading a third party breaches CCS 1.4, even if done strategically in negotiations.
Acting in the best interests of the client (Principle 7) does not override the duty to act with honesty and integrity (Principles 4 and 5).
A solicitor should never knowingly mislead others, even in commercial matters.
A solicitor is acting for a client in a property transaction. The opposing party is unrepresented. The solicitor ensures that their client follows all legal procedures but does not offer any guidance or warnings to the unrepresented party about potential risks. Has the solicitor acted unethically?
A) No, solicitors must act in their client’s best interests and have no duty to advise the opposing party.
B) Yes, the solicitor has unfairly taken advantage of the unrepresented party in breach of CCS 1.2.
C) Yes, the solicitor should have advised the unrepresented party to seek legal advice.
D) Yes, the solicitor has failed to act with integrity under Principle 5.
A) No, solicitors must act in their client’s best interests and have no duty to advise the opposing party.
Explanation:
Solicitors have no obligation to provide legal advice to unrepresented parties. Their duty remains to their client (Principle 7).
CCS 1.2 prevents solicitors from taking unfair advantage, but ensuring compliance with the law while not assisting the opposing party does not constitute unfair advantage.
While it is best practice to suggest seeking legal advice, solicitors are not required to do so.
A solicitor discovers that a client has submitted forged financial documents in a court case. The solicitor was unaware at the time of submission. The client insists that the solicitor “lets it go” since the court has not noticed. What is the solicitor’s best course of action?
A) Ignore the forgery, as they were unaware of it at the time of submission.
B) Report the forgery to the court immediately.
C) Withdraw from the case without taking further action.
D) Advise the client that the court must be informed and, if they refuse, disclose it to the court.
D) Advise the client that the court must be informed and, if they refuse, disclose it to the court.
Explanation:
Solicitors must not mislead the court (CCS 1.4) and have a duty of candour.
If a solicitor becomes aware of false evidence, they must first advise the client to correct it.
If the client refuses, the solicitor must disclose the forgery, even if it harms the client’s case.
