Ethics and Professional Conduct Flashcards
6 cards from real SQE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Ethics and Professional Conduct flashcards as text
Under the SRA Standards and Regulations, what is the overriding duty of a solicitor?
Answer: To the court and the rule of law, above the interests of the client
Principle 1 of the SRA Principles requires solicitors to uphold the rule of law and the proper administration of justice, which overrides all other duties including to the client.
When must a solicitor cease acting for a client due to a conflict of interest?
Answer: When there is a significant risk that acting for one client will materially affect the interests of another
Under the SRA Codes of Conduct, a solicitor must not act where there is a significant risk of a conflict of interest between two or more clients, subject to limited exceptions with informed consent.
What is the duty of 'confidentiality' owed by a solicitor to their client?
Answer: A duty to keep all information relating to the client's matter confidential, even after the retainer ends
The duty of confidentiality is permanent and survives the end of the retainer — solicitors must not disclose client information without authority, even years later.
What is 'legal professional privilege' (LPP) and who can waive it?
Answer: Protection for confidential lawyer-client communications; only the client can waive it
LPP protects qualifying confidential communications from disclosure; it belongs to the client, not the solicitor, so only the client can choose to waive it.
Under the SRA's 'Principles', which Principle requires solicitors to act with integrity?
Answer: Principle 5
SRA Principle 5 requires that solicitors act with integrity in all that they do, covering honesty, trustworthiness, and consistency of professional behaviour.
What obligation does a solicitor have if they discover that their client has given them false information that has been passed to the court?
Answer: They must cease to act if the client refuses to correct the position, but cannot reveal the false information without consent
A solicitor cannot actively mislead the court; if the client refuses to correct false information, the solicitor must cease acting but cannot breach confidentiality by revealing it.