Ethics思维导图

law society

SRA solicitors regulation authority

SDT solicitors disciplinary tribunal

legal services board

legal ombudsman

when conflict, which safeguard wider public interest prevail

obligation to provide reasonable adjustment to ensure disable client or employee not placed at a substantial disadvantage

direct and indirect discrimination

not mislead unpresented parties

keep silent when client misleads is also misleading

promise you or third party will do something

personally bound

best practice

SRA, LEO, SDT do not have power to enforce, but will sanction against solicitor

can compensate witness but cannot relate it with case outcome

must not waste court's time - statement need to be properly arguable

must provide court with relevant case even if not in your favor

if instructed by person other than client, need to investigation if necessary

if instruction unclear, obliged to protect clients best interests

if receive financial benefit, should account to client unless client agree otherwise

cannot hold clients money personally

referral fee must inform client

prohibited relating criminal proceedings

prohibited re personal damage or death

owned or controlled by you, clients consent required

reserved legal activities: right of audience, litigation, prepare estate instruments, probate, notary, admin of oath

for legal practice

for finance and admin

own interest conflict

conflict of interest -between client

professional embarrassment: no conflict but cannot act in clients best interests

not conflict: general business interests, e.g. clients in same industry

conflict arise during retainer: can continue but duty of confidentiality is at risk

limited retainer: only do part of work

solicitor is being used by client to perpetrate fraud

statutory duty or requirment

court order or police warrant

prevent commit criminal offence result in serious bodily harm

client is to commit suicide or serious self-harm

protect child or vulnerable adult

different conception

scope is narrower than duty of confidentiality, which apply to all confidential information

absolute right, not revealed even in court proceedings. cannot disclose it even if not breach duty of confidentiality

client consent in writing

disclosure will cause serious physical or mental injury

interests of national security or prevention of crime， e.g. money laundry

privileged documents mistakenly disclosed to you

if A has an interest adverse to B, B is client or former client, B's confidential information is material to A's matter

exception: cannot act unless 1. B give consent; 2. effective measure taken preventing risk of disclosure B's information to A

information (solicitor)

information -frim

you reasonably believe that any person's serious breach occur not might occur

even if involve disclosure of confidential information - when conflict, wider public interest to be protected

serious breach

indirect report

conveyancing

probate

motor offences

immigration

employment tribunal

licensing application