Professional Conduct issues in Property

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Which principles are considered the 'fundamental tenets of ethical behaviour' for solicitors and other regulated lawyers?

The constitutional principles

The CCS principles

The SRA principles (correct)

The professional standards

What does the SRA Code of Conduct for Solicitors expand on?

The constitutional principles

The CCS principles

The SRA principles (correct)

The professional standards

When accepting instructions to act in a property matter, what conduct issues should you consider?

Competence and timeliness of service

Authorization to act on client's behalf

Conflict of interest

All of the above (correct)

Which one of these is NOT an example of an own interest conflict?

Acting for a client when you have a personal or business relationship with them Signup and view all the answers

When should you consider referring a high value commercial property purchase to another lawyer?

If you mainly deal with residential property Signup and view all the answers

What should you do if you suspect that the instructions you receive do not represent your client's wishes?

Do not act unless you have satisfied yourself that the instructions do represent your client's wishes Signup and view all the answers

Under what circumstances can you act for both the buyer and seller in a property transaction?

If you can objectively separate your client's interests from your own Signup and view all the answers

Which of the following is a requirement when taking on a new client or instructions from an existing client?

Ensuring that you are competent to act Signup and view all the answers

What is an 'own interest conflict' according to the text?

When your duty to act in the best interests of your client conflicts with your own interests Signup and view all the answers

What is a 'conflict of interest' according to the text?

When your separate duties to act in the best interests of two or more clients in the same matter conflict Signup and view all the answers

What is the duty of confidentiality according to the text?

To keep the affairs of clients and former clients confidential Signup and view all the answers

Can a solicitor act for both a buyer and lender in the same transaction?

Yes, it is common for a solicitor to act for both in residential transactions. Signup and view all the answers

When does the duty of confidentiality of a solicitor apply?

To current and former clients, including after a client's death. Signup and view all the answers

What duty does a solicitor have when acting for a client on a matter?

To make the client aware of all material information related to the matter. Signup and view all the answers

What should a solicitor do if there is a conflict between the duty to disclose and the duty of confidentiality?

Consider limited exceptions and prioritize the duty to disclose. Signup and view all the answers

Which one of the following situations would NOT satisfy the 'substantially common interest' (SCI) exception?

A seller and buyer who both want a deal to take place as soon as possible, but have different opinions on how to achieve it. Signup and view all the answers

When does the 'competing for the same objective' (CFSO) exception apply?

When two or more clients are competing for an objective that can only be attained by one client. Signup and view all the answers

What conditions must be met for the 'competing for the same objective' (CFSO) exception to apply?

The clients must be competing for an objective that can only be attained by one client, effective safeguards must be in place to protect confidential information, and it must be reasonable to act for all clients. Signup and view all the answers

When can a lawyer act for two clients under the 'substantially common interest' (SCI) exception?

When the clients have a clear common purpose and a strong consensus on how to achieve it. Signup and view all the answers