LPC Law Notes > Multiple Institutions LPC Law Notes > Professional Conduct Notes

Professional Conduct Revision Notes

This is a sample of our (approximately) 12 page long Professional Conduct Revision Notes notes, which we sell as part of the Professional Conduct Notes collection, a 90% package written at Multiple Institutions in 2014 that contains (approximately) 50 page of notes across 6 different document.

Learn more about our Professional Conduct Notes

The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.

Professional Conduct Revision Notes Revision

The following is a plain text extract of the PDF sample above, taken from our Professional Conduct Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.

Professional Conduct Conflict of Interest

1.) Principle 4: Must act in the best interests of each client

2.) Outcome 3.4

* Must not act if there is an own interest conflict

* Significant risk of an own interest conflict o Own interest conflict (Chapter 3) - conflict of interest between you and current clients

3.) Outcome 3.5

* Must not act if there is a client conflict OR

* Significant risk of a client conflict o Unless exceptions apply

* Client conflict = conflict of interest between two or more current clients

4.) Outcome 3.6: Substantially Common Interest Exception

* If the clients have a substantially common interest you may only act if: o You have explained the relevant issues and risks to the clients o You have a reasonable belief that they understand those issues and risks o All clients have given informed consent to you in writing to you acting o You are satisfied that it is reasonable for you to act for all the clients and that it is in their best interests o You are satisfied that the benefits to the clients of you doing so outweigh the risks

* Substantially Common Interest (glossary): o Clear purpose in relation to any matter or particular aspect of it between the clients o a strong consensus on how it is to be achieved o Client conflict is peripheral to this common purpose

5.) Outcome 3.7: Competing for the Same Objective

* If the clients are competing for the same objective, you may only act if: o You have explained the relevant issues and risks to the clients o You have a reasonable belief that they understand those issues and risks o There is no other client conflict in relation to that matter o Unless the client specifically agree, no individual acts for, or is responsible for the supervision of work done for, more than one of the clients in the matter (Chinese walls) o You are satisfied that it is reasonable for you to act for all the clients and that it is in their best interests o You are satisfied that the benefits to the clients of you doing so outweigh the risks

Consider Indicative Behaviours

* IB(3.2)

* IB (3.3)

* IB (3.4)

* IB (3.5)

* IB (3.6) - Competing for same objective

* IB (3.7)

* IB (3.11) - Substantially common interest

* IB (3.12) - Substantially common interest

* IB (3.13)

* IB (3.14)

6.) Consider Confidentiality Issues

* Duty of confidentiality between solicitor and client continues at all times

* Applies to current, former and dead clients

* Generally only situations in which duty may be breached: o With client's permission o Where solicitor is permitted by law Disclosure

* Relates to all knowledge of solicitor which is material to client's matter UNLESS

* Duty of disclosure is in conflict with duty of confidentiality (confidentiality trumps)

* Client gives consent to specific informed non-disclosure - IB 4.4

* Serious or mental or physical injury will be caused by disclosure - IB4.4

* Privileged documents have been mistakenly disclosed - IB4.4

* Information is Official Secrets

* Legal restrictions: money laundering/terrorism regs prevent disclosure Confidentiality v Disclosure - Structure

1.) Who do you owe confidentiality to?

2.) Who do you owe disclosure to?

3.) Confidentiality trumps Disclosure - O4.3

4.) Can work for both clients?
GENERAL RULE (O4.4 and IB 4.5): Do not act for A where A has an interest adverse to B and:

* A is a client/former client for whom you hold confidential information

* Which is material to Jones in his matter

UNLESS all 4 following conditions are met:

1.) Confidential information can be protected by safeguards NB difficult with small firms or clients are not sophisticated users of legal services

2.) You reasonably believe that A is aware of and understands the relevant issues and gives informed consent

3.) ONE of the following: a) A gives informed consent to you acting for B and you agree with him the safeguards to put in place; or b) You put the safeguards in place that comply with common law where the above consent is not given

4.) It is reasonable to act for B in all the circumstances with those safeguards in place.

Client Care Accepting Instructions

* Cannot discriminate in accepting instructions

* Comply with Code in accepting instructions - O1.3

* Cannot accept instructions if you cannot act in client's best interests IB1.7 Stopping Acting for Client

* Same principles apply as in accepting instructions

* You can only cease to act with good reason and having given reasonable notice - IB 1.26

* Cease to act if you breach the Code

* You should refuse to act where the client proposes to make you/your family a gift of significant value UNLESS they take independent legal advice IB1.9

* When ceasing to act - explain client's options IB1.10 First Meeting with Client You must inform your client in writing about:

* Their right to complain and how to do so (O1.9)

* Their ability to complain to the Legal Ombudsman and how to do so (O1.10)

* Name and status of person dealing with their matter and the name of their supervisor IB1.3 You must inform your client the following about costs:

* Likely overall cost (O1.13)

* Any fee sharing/referral arrangements IB1.4

* Must be kept up-to-date with cost issues throughout proceedings

* Relevant information about acting under a CFA (if applicable) (IB1.16 &1.17)
- NB cannot enter into CFA once contentious proceedings have begun.

****************************End Of Sample*****************************

Buy the full version of these notes or essay plans and more in our Professional Conduct Notes.