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Professional Ethics Notes

BPTC Law Notes > Alternative Dispute Resolution Notes

Updates Available  

A more recent version of these Professional Ethics notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our Alternative Dispute Resolution Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

PROFESSIONAL ETHICS IN ADR Duties

? primary duty to lay client (not professional client)
? act in best interests of lay client ? don't let solicitor limit discretion as to how best served
? if conflict of interest between lay and professional client, advise lay client to instruct another solicitor

? act with absolute independence, impartiality, freedom from external pressures
? act within client's instructions
? remember decision to make offer to settle is ultimately client's (though can advise)
? act with integrity - don't engage in: o dishonest / discreditable conduct o conduct prejudicial to admin of justice o conduct likely to diminish public confidence o bring legal profession into disrepute
? don't discriminate
? only take tasks competent to undertake
? when drafting, don't draft document containing: o facts / contentions not supported by instructions o unarguable contentions o allegations of fraud without clear instructions + reasonably credible material establishing a prima facie case of fraud Authority to settle in non-adjudicative processes

? ensure you o o o o o

understand any limitations on authority don't exceed authority (agreement still binding ? prof neg action) don't mislead other parties to ADR as to authority given understand bottom line make and keep accurate note of offers, concessions etc. and get client to initial offer before made or rejected

Confidentiality

? duty of confidentiality o written into code of conduct
? legal professional privilege
? applies to : o lawyer-client communications for the purpose of giving or receiving legal advice, including ADR options

Buy the full version of these notes or essay plans and more in our Alternative Dispute Resolution Notes.