xs
This website uses cookies to ensure you get the best experience on our website. Learn more

#16839 - Professional Conduct In Civlit - Civil Litigation

Notice: PDF Preview
The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting.
See Original

CONDUCT IN CIVLIT

Situation Principle Outcomes Indicative Behaviours Actions
TAKING INSTRUCTIONS
You hold confidential information about A which is material to B who has an interest adverse to A 4 4.1 – a solicitor is under a duty to maintain the confidentiality of his clients affairs unless the client’s prior authority is obtained to disclose particular information, or exceptionally the solicitor is required or permitted by law to do so. This duty continues after the retainer. 4.5 – Not acting for A where B is a client for whom you hold confidential information which is material to A unless the confidential information can be protected

  • Should not risk breaching confidentiality by acting or continuing to act.

  • Before the first interview, you should check that you do not have confidential information in respect of client A which you would be under a duty to disclose to the proposed new client B.
You are instructed by a party A to act in a case against a previous client B 4

3.5 – A solicitor generally should not act for two or more clients where this would cause a conflict of interests.

4.1 – a solicitor is under a duty to maintain the confidentiality of his clients affairs unless the client’s prior authority is obtained to disclose particular information, or exceptionally the solicitor is required or permitted by law to do so. This duty continues after the retainer.

 3.2 – Declining to act for clients whose interests are in direct conflict

  • If the firm had already received instructions from B to act in this matter, there would be a conflict of interest, and you could not act for A.

  • If the firm had acted for B in the past the firm might still risk breaching the duty of confidentiality and any confidential information held in respect of B must be evaluated.

  • If any of the information might reasonably be expected to be material to A, the firm should not act for A.
Instructed by two partners in a firm which has been sued for damages for fraudulent misrepresentation. However, the allegation is that only one of the partners made the misrepresentation 4 3.5 – A solicitor generally should not act for two or more clients where this would cause a conflict of interests. 3.2 – decline to act for clients whose interests are in direct conflict

  • Conflict of Interests – solicitor owes separate duties to act in the best interests of two or more clients in relation to the same or related matters, and those duties conflict or there is a significant risk that those duties may conflict.

  • The potential conflict arises because there is a significant risk that the innocent partner may have a claim against the guilty partner for the same matter, namely if the fraudulent misrepresentation is established.
A solicitor receives instructions from someone other than the client, or by only one client on behalf of others in a joint matter 4, 5 1.12 – clients are in a position to make informed decisions about the services they need, how their matter will be handled and the options available to them 1.25 – do not act for a client when instructions are given by someone else, or by only one client when you act jointly for others

  • The solicitor should not proceed without checking that all clients agree with the instructions given.

  • Unless you are satisfied that the person providing the instructions has the authority to do so on behalf of the client(s).
FUNDING
Giving advice about funding and costs 4, 5 1.6 – You enter into fee arrangements that are legal and which you consider are suitable for the client’s needs and take account of the client’s best interests

1.13 – discuss whether the outcomes are likely to justify the risk and expense

1.14 – clearly explaining your fees and how they might change

1.15 – warn your client about other expenses e.g. other party’s costs

1.16 – Discuss public funding available, whether the client has insurance, or whether the fees may be covered by someone else, e.g. trade union
The client suggests a success fee well in excess of what the solicitor might set 2, 4

1.1 – must treat a client fairly

1.6 – only enter into a fee agreement with the client that takes account of the client’s best interests

 1.17 – where you are acting under a fee arrangement, give the client all information relating to that agreement

  • A solicitor should never arbitrarily set the level of a success fee.

  • A proper risk assessment should always be carried out.
DISCLOSURE AND DOCUMENTS
The solicitor does not promptly disclose a document that he becomes aware of during the course of the case, which should have been, but was not, disclosed 1, 2, 6

5.1 – Solicitor has an overriding duty not to mislead the court

4 – In order to keep client confidentiality, if the solicitor needs to withdraw from the case, they should not inform any other party (or the court) of the reasons for ceasing to act

 5.2 – the solicitor must disclose all relevant legal authorities to the court, such as statutory provisions or case law, even if these are not favourable to his case

  • If after the client’s list of documents has been served, the solicitor must advise the client to disclose it and determine how the document should be disclosed.

  • A supplemental list is appropriate.

  • If the client refuses to allow disclosure, the solicitor should withdraw from the case.
The client has filed a statement of case and subsequently tells his solicitor before the litigation ends that it contains a material error and the effect of that error is to mislead the court 1, 2, 6

5.1 – a solicitor must never deceive or recklessly mislead the court

4 – Client confidentiality

5.7 – not misleading the court includes not drafting a statement of case that contains either:

  • contentions that the solicitor does not consider to be properly arguable

  • allegations of fraud, unless instructed to do so and has material which he reasonably believes establishes a case of fraud

  • The solicitor should advise the client to amend the statement of case. If the client refuses to do so, the solicitor should cease to act.

  • In order to keep client confidentiality, the solicitor should not inform the court or any other party of the reasons for ceasing to act.
Client admits to his solicitor that he has committed perjury of misled the court in any material matter relating to the proceedings 1, 2, 6

5.1 – a solicitor must never deceive or recklessly mislead the court

4 – If the solicitor must cease to act, in order to keep client confidentiality, the solicitor should not inform anyone of the court for the reasons for ceasing to act

 5.5 – The solicitor must not act further in those proceedings unless the client agrees to disclose the truth to the court

  • If...
Unlock the full document,
purchase it now!
Civil Litigation
Premium study materials available for review
Civil Litigation
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the hig...
304 purchased
Continue

More Civil Litigation Samples

Adr And Arbitration Notes Allocation, Case Management And ... Allocation Case Management Con... Allocation Directions Notes Allocation Questionnaire Notes Alternate Dispute Resolution Notes Alternative Dispute Resolution N... Anti Money Laundering Notes Appeals And Enforcement Notes Arbitration Adr Notes Case Management Notes Case Management Sanctions Notes Case Management Summary Case M... Claim Form And Particulars Of Cl... Commencement Of Claim Notes Costs And Enforcement Notes Counting Time Notes Default Judgment Notes Default Judgments Notes Defendant Submissions For Advoca... Disclosure Diagram Notes Disclosure Notes Disclosure & Inspection Notes Disclosure N265 Crib Sheet Notes Disclosure & Privilege Notes Drafting A Particulars Of Claim ... Drafting Po C, Defence Or Witnes... Evidence Notes Evidence Notes Evidence Notes Evidence Expert Notes Evidence Witness Notes Fact Chronology Advocacy Notes Funding Notes Initial Considerations And Pre A... Interim Applications Injunctio... Interim Applications Security ... Interim Applications Summary J... Interim Prohibitory Injunctions ... Judgment In Default Notes Jurisdictional Issues Notes Jurisdiction Notes Jurisdiction Over Foreign Matter... Part 18 Requests Notes Part 36 Crib Sheet Notes Part 36 Offer Notes Part 36 Offers Notes Part 36 Offers Notes Part 36 Offers Notes Part 36 Offers, Pre Trial, Trial... Part 36 Prep Letter Ii Notes Particulars Of Claim V Defence N... Pre Action Protocols Notes Pre Action Protocols Notes Service Of Documents Crib Sheet ... Setting Aside Default Judgment M... Statements Of Case Structure Of Defended Claims And... Summary Judgment Notes Trial & Post Trial Notes Witness Statements Notes
logo

Ambitious and intelligent students
choose Oxbridge Notes.

©2024 Oxbridge Notes. All right reserved.