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LPC Law Notes Civil Litigation Notes

Professional Conduct In Civlit Notes

Updated Professional Conduct In Civlit Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

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 highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...

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:

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
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