Professional Conduct [check] Flashcards
(19 cards)
What are the seven SRA Principles?
Uphold the rule of law and the proper administration of justice
Uphold public trust in solicitors and legal services
Act with independence
Act with honesty
Act with integrity
Encourage equality, diversity, and inclusion
Act in the best interests of each client
If a colleague asks you to ignore a mistake in a legal submission that misleads the court, what should you do?
Correct the mistake or refuse to participate
What should you do if a client offers you a benefit or gift in return for pushing their case forward more quickly?
Decline the benefit and ensure all clients are treated fairly
If you suspect the instructions you’re receiving don’t reflect the client’s wishes, what must you do?
Pause and confirm the instructions truly reflect the client’s wishes
Can you hold a client’s money temporarily if you are not working in an authorised firm?
No — you must not hold client money unless you are authorised to do so
What should you do if a client is referred to you by a friend who receives a fee for the referral?
Inform the client about the referral arrangement and obtain their informed agreement
When is it acceptable to represent two clients applying for the same commercial license?
Only if both clients understand and agree, effective safeguards are in place, and it is reasonable to act for both
Can you withhold important information from a client that you know but haven’t disclosed?
Only in specific situations—otherwise, clients must be told anything relevant to their case
What responsibilities do you and your managers have in ensuring compliance in a law firm?
Share responsibility to ensure the firm meets its regulatory obligations and take action to prevent and report serious breaches
What must you tell the client about making a complaint at the start of a case?
Explain in writing how they can complain, who to complain to, and their right to go to the Legal Ombudsman
What must you do if a client insists that you lie in court to strengthen their case?
You must not lie or allow the client to lie; stop representing them if they insist
Can you represent a client who wants to plead not guilty if you know they committed the offense?
Yes, but you cannot let them lie or present false evidence
What steps must you take if you are asked to represent two co-defendants in a criminal case?
Check for any conflict; do not act for both if there’s a real risk of one blaming the other
What should you do if ordered by the court to disclose information your client told you in confidence?
Follow the court order; if the client won’t allow disclosure, stop acting for them
What are the consequences of failing to honor a promise made to another solicitor regarding funds?
It is considered professional misconduct
What should you do if asked to act on behalf of a spouse in a property sale, but the actual owner is the partner?
Obtain written confirmation from the spouse that the partner is authorized to give instructions
Is it allowed to act for both a client’s purchase and mortgage work?
Yes, in most standard residential deals without negotiation involved
Are you always required to tell a client about something crucial that affects their case?
Yes, unless disclosure would cause serious harm or legal rules prohibit it
Can you proceed with sensitive information from a previous client that could benefit your current client’s case?
No, unless both clients give informed consent
