Ethics and Professional Conduct - Vocabulary Flashcards

Vocabulary flashcards covering key concepts, terms, and principles from the Ethics and Professional Conduct notes (SQE1).

SRA Principles

The seven mandatory ethical standards governing regulated solicitors and firms, guiding conduct to uphold the rule of law, public trust, independence, honesty, integrity, equality and best interests of the client.

Principle 1: Rule of Law

A duty to act in a way that upholds the constitutional rule of law and the proper administration of justice.

Principle 2: Public Trust

A duty to act in a way that maintains public confidence in the solicitors’ profession and legal services.

Principle 3: Independence

Act with independence from external pressures, ensuring impartial advice and autonomy in decision‑making.

Principle 4: Honesty

Act truthfully and openly; breaches can be very serious and may lead to severe sanctions.

Principle 5: Integrity

Act with integrity, including fair dealing and avoidance of misleading conduct, even when not strictly dishonest.

Principle 6: Equality, Diversity and Inclusion

Promote and practice equality and inclusion, complying with anti‑discrimination laws and positive duties toward others.

Principle 7: Best Interests of the Client

Act in the client’s best interests; if conflicts arise, wider professional duties may override individual client interests.

SRA Code of Conduct for Solicitors

Rules setting professional standards for individuals; personal accountability for compliance with the Code.

SRA Code of Conduct for Firms

Standards and controls governing firms’ practice; often mirrors the Solicitors’ Code across the entity.

SRA Accounts Rules

Rules governing handling and safeguarding of client money and third‑party funds.

Retainer

The contract between solicitor and client outlining scope, terms, authority, and the client’s instructions.

Identity of the Client

The obligation to identify who the client is to prevent fraud and ensure proper authority.

Third‑Party Instructions

Instructions given by someone other than the client; must be properly authorised; risk of conflicts.

Client Care Letter

A written communication at or near engagement outlining retainer terms, costs, and client responsibilities.

Liens

A solicitor’s right to hold a client’s papers or property until fees are paid.

Confidentiality

Duty to keep client information secret; extends beyond the retainer; with exceptions for law, consent, and privilege.

Duty of Disclosure

Must disclose all information material to the matter to the client; governed by rules and exceptions.

Confidentiality vs Disclosure

Balancing confidentiality with the duty to reveal information when required or allowed by law.

Conflict of Interests

A situation where the solicitor’s duties to clients conflict; includes own‑interest conflicts and client conflicts.

Own Interest Conflict

A conflict between a solicitor’s personal interests and a client’s interests; generally prohibiting representation.

Substantially Common Interest Exception

Allows acting for multiple clients with a clearly shared objective, with informed written consent and safeguards.

Competing for the Same Objective Exception

Allows acting for clients pursuing the same objective when appropriate safeguards and informed consent are in place.

Limited Retainer

A retainer restricting the solicitor’s scope to non‑conflicting areas, with independent advice for conflicting parts.

Advertising and Publicity (SRA Rules)

Publicity must be accurate and not misleading; unsolicited approaches to individuals are restricted.

Unsolicited Approaches

Direct marketing to members of the public is generally prohibited unless an exception applies (e.g., to current/former clients).

Introducer and Referral Fees

A third party that introduces clients; fee‑sharing is allowed if disclosed and compliant with rules (LASPO restrictions apply to PI claims).

Separate Businesses

Non‑regulated ventures linked to a regulated firm; must not mislead that such services are regulated by the SRA.

Money on Account

Client monies held on account to cover costs/disbursements; governs when and how funds may be drawn.

The Bill and Costs Information

A formal bill must be clear, include period details, and be deliverable; clients may challenge costs via court tax or firm procedures.

Contingency Fees, CFAs and DBAs

Alternative fee arrangements; CFAs (no win/no fee) and DBAs (damages‑based) subject to statutory rules and caps.

Undertakings

A solicitor’s binding promise to do or refrain from doing something; enforceable by court; requires client authority.

Duty Not to Mislead the Court

A fundamental duty prohibiting false statements or misleading the court, with serious consequences for breach.

Duty to Instruct Counsel

Solicitor must ensure proper instructions and reasonable junior/senior counsel engagement; avoid discrimination.

Duties to Third Parties

Not taking unfair advantage of third parties; obligations when interacting with others in disputes.

Collaboration with the SRA (COLP/COFA)

Compliance officers (COLP) and finance officers (COFA) ensure regulatory compliance and reporting; firm managers hold ultimate responsibility.

Consumer Contracts Regulations 2013

Regulations requiring pre‑contract information and cancellation rights for certain domestic contracts with clients.