PCR Lecture 1
Terms
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- Describe the function of the law society
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- represents solicitors in England and Wales
- represent solicitors views to public, government and regulators
- Describe the function of the Solicitors Regulation Authority
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- deals with all regulatory and disciplinary matters related to solicitors
- Sets standards and is responsible for enforcement
- Regulates non-solicitors licensed to run businesses which supply legal services (ABSs) - Describe the function of the Legal Ombudsman
- - Sole organisation where consumers can file legal complaints
- What if there is a conflict between Principles?
- The one which takes precedence is the Principle which, on the facts, best serves the public interest, with special regard given to the administration of justice.
- What if a Principle conflicts with a legal obligation?
- Compliance with the Principles is always subject to any overriding legal obligations.
- What must you remember to do when applying different principles?
- If there is a conflict, identify that there is a conflict.
- Do your legal obligations, for example to make an 'authorised disclosure' override the Principles?
- Yes.
- Are Outcomes mandatory?
- Yes
- What are Indicative Behaviours?
- Non-mandatory descriptions as to which compliance may be achieved, or not, as the case may be.
- When taking on a new client? What should you consider?
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1. O(1.3)
2. Whether the Money Laundering Regulations 2007 apply. - When considering to accept instructions by an individual on behalf of a company? How can you satisfy yourself that the individual (perhaps a director) has authority to instruct you on behalf of the company?
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1. Board resolution of company giving authority to instruct
2. Companies House search to validate if the individual is a director
3. Check company's website for details of directors - Are you subject to an ongoing obligation keep your client informed of changes related to your services (for example changes to information set out in your initial client care letter)?
- Yes you are
- How might firms handle repeat business?
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1) Annual client care letters to established clients
2) Shorter letters once they receive instructions on a new matter - Can a retainer be terminated on grounds of self-interest, i.e. terminate in the commercial interests of the company?
- No. This wouldn't be reasonable and would amount to a repudiatory breach of contract, which may require the firm to pay back any fees already paid.
- What might constitute a good reason to terminate a retainer?
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- conflicting instructions from two partners in a partnership
- to carry on acting would break the law or breach the Code.
- failure of client to pay bills. - What should you remember to do if you act for two clients who have a substantially common interest under O(3.6).
- Must explain to clients (and they should accept) that if there is a SCI but their interests later diverge, you may have to stop acting for one or more of them.
- What would be the result of having to stop acting for one or more client in a SCI from the perspective of a client?
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1. incur additional expense
2. lose time instructing a new firm - When considering whether you can act for two lenders. What should you note?
- Whether the lenders rank pari passu (equally) against the borrower.
- When answering a question in PCR, what structure should you adopt?
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Issue
Application
Advice
Action - How long does the duty to protect confidential client information last?
- Forever, even after termination of the retainer or the client's death, unless the client consents, waives the confidentiality or the duty is overridden, e.g. by statute.
- What are the safeguards envisaged under O(4.4) of the Code?
- Information barriers.
- True or false - the word undertaking needs to be said or written for a statement to amount to an undertaking?
- False. It needn't.
- What acronym must you remember when drafting an undertaking?
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S - specified
M - measured (capable of quantification)
A - agreed (both sides agree wording)
R - realistic (within solicitor's control)
T - times (not for unlimited duration) - What piece of legislation provides that a solicitor is an officer of the court?
- Section 50(1) Solicitors Act 1974
- What is required in order to deceive the court?
- Knowledge on the part of the solicitor
- How might a solicitor mislead the court?
- Inadvertently