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1. Legal and Private Client Basics [75] > SRA rules [22] > Flashcards

SRA rules [22] Flashcards

1
Q

SRA Principles, Code of Conduct and Accounts Rules

What are the seven principles set out by the Solicitors Regulation Authority (i.e. the ‘principles’)? [7]

A

The SRA principles require solicitors to:

  1. Act in a way that upholds the constitutional principle of the rule of law and the proper administration of justice
  2. Act in a way that upholds public trust and confidence in the solicitors’ profession and in the legal services provided by an authorised person
  3. Act with independence
  4. Act with honesty
  5. Act with integrity
  6. Act in a way that encourages equality, diversity and inclusion
  7. Act in the best interests of each client
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2
Q

SRA Principles, Code of Conduct and Accounts Rules

Complete the following sentence from the SRA Code of Conduct regarding maintaining trust and acting fairly: ‘You do not [*] your [*] by taking unfair [*} of clients or others.’ [1]

A

‘You do not [ABUSE] your [POSITION] by taking unfair [ADVANTAGE] of clients or others.’

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3
Q

SRA Principles, Code of Conduct and Accounts Rules

Complete the following sentence from the SRA Code of Conduct regarding maintaining trust and acting fairly: ‘You do not attempt to [*] your clients, the [*] or [*], either by your own acts or omissions or allowing or [*] [*] in the acts or omissions of others (including your client)’ [1]

A

‘You do not attempt to [MISLEAD] your clients, the [COURT] or [OTHERS], either by your own acts or omissions or allowing or [BEING] [COMPLICIT] in the acts or omissions of others (including your client)’

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4
Q

SRA Principles, Code of Conduct and Accounts Rules

Complete the following sentence from the SRA Code of Conduct regarding service and competence: ‘You only act for clients on instructions of the client, or from someone [*] [*] to do so.’ [1]

A

‘You only act for clients on instructions of the client, or act on instructions given by someone [PROPERLY] [AUTHORISED] to do so.’

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5
Q

SRA Principles, Code of Conduct and Accounts Rules

Complete the following sentence from the SRA Code of Conduct regarding service and competence: ‘You ensure the service you provide to clients is [x] and delivered in a [x] manner.’ [1]

A

‘You ensure the service you provide to clients is [COMPETENT] and delivered in a [TIMELY] manner.’

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6
Q

SRA Principles, Code of Conduct and Accounts Rules

Complete the following sentence from the SRA Code of Conduct regarding client money and assets: ‘You properly account to clients for any [*] [*] your receive as part of their instructions, except where they have [*] [*]’ [1]

A

‘You properly account to clients for any [FINANCIAL] [BENEFIT] you receive as part of their instructions, except where they have [AGREED] [OTHERWISE]’

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7
Q

SRA Principles, Code of Conduct and Accounts Rules

Complete the following sentence from the SRA Code of Conducts regarding conflicts of interest: ‘You do not act if there is an [*] interest [*] or a [*] risk of such a [*]’ [1]

A

‘You do not act if there is an [OWN] interest [CONFLICT] or a [SIGNIFICANT] risk of such a [CONFLICT]’ [1]

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8
Q

SRA Principles, Code of Conduct and Accounts Rules

Complete the following sentence from the SRA Code of Conducts regarding conflicts of interest: ‘You do not act in relation to a matter or particular aspect of it if you have a conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it, unless:

(a) the clients have a [*] [*] [*]…; or
(b) the clients are [*] for the [*] [*]; AND

The clients have given [*] [*], given or evidenced in writing… and… you are satisfied it is [*] for you to act for all the clients’. [1]

A

‘You do not act in relation to a matter or particular aspect of it if you have a conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it, unless:

(a) the clients have a [SUBSTANTIALLY] [COMMON] [INTEREST]…; or
(b) the clients are [COMPETING] for the [SAME] [OBJECTIVE]; and

The clients have given [INFORMED] [CONSENT], given or evidenced in writing… and… you are satisfied it is [REASONABLE] for you to act for all the clients’.

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9
Q

SRA Principles, Code of Conduct and Accounts Rules

Complete the following sentence from the SRA Code of Conducts regarding confidentiality and disclosure: ‘You keep the affairs of [*] and [*] clients confidential unless disclosure is required or permitted by law or the client [*]’ [1]

A

‘You keep the affairs of [CURRENT] and [FORMER] clients confidential unless disclosure is required or permitted by law or the client [CONSENTS]’

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10
Q

SRA Principles, Code of Conduct and Accounts Rules

True or false: ‘Per the SRA Code of Conduct, you must not act for a client who has an interest adverse to an existing or former client’s interest where you/your business holds confidential information which is material to that matter unless (et al) effective measures are taken to ensure there is no real risk of that information being disclosed…’ [1]

A

TRUE.

Code of Conduct para 6.5

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11
Q

SRA Principles, Code of Conduct and Accounts Rules

True or false: ‘Per the SRA Code of Conduct, you must be honest and open with clients if things go wrong and, if a client suffers harm as a result you put things right (if possible) and explain fully and promptly what has happened and what the likely impact will be’ [1

A

TRUE

Code of Conduct para 7.9

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12
Q

SRA Principles, Code of Conduct and Accounts Rules

True or false: ‘Per the SRA Code of Conduct, you must identify who you are acting for’ [1]

A

TRUE

Code of Conduct para 8.1

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13
Q

SRA Principles, Code of Conduct and Accounts Rules

True or false: ‘Per the SRA Code of Conduct, clients must be informed of their rights to complain at the time of engagement and what the process is’ [1]

A

TRUE

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14
Q

SRA Principles, Code of Conduct and Accounts Rules

What does rule 2.5 of the SRA Accounts Rules state in relation to the holding of client money? [1]

A

Client money must be promptly returned to the client as soon as there is no proper reason for the money to be held by the firm

(Accounts Rules, Rule 2.5)

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15
Q

SRA Principles, Code of Conduct and Accounts Rules

What does rule 4.3 of the SRA Accounts Rules state in relation to the use of client funds to settle bills? [1]

A

Clients must be billed or notified before any client account funds are transferred to the office account for settlement of fees

(Accounts Rules, Rule 4.3)

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16
Q

SRA Principles, Code of Conduct and Accounts Rules

What does rule 3.3 of the SRA Accounts Rules forbid? [1]

A

The SRA accounts rules forbid use of a client account to provide banking facilities to clients or third parties. Any payments, transfers or withdrawals must in respect of delivery of regulated services.

(Accounts Rules, Rule 3.3)

1. Legal and Private Client Basics [75] (8 decks)

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