Legal Ethics: Code of Conduct Quiz

<p>The nature of client satisfaction. (B)</p> Signup and view all the answers

<p>At any time, without needing to give a reason. (C)</p> Signup and view all the answers

<p>They should conduct thorough inquiries about existing funding arrangements. (D)</p> Signup and view all the answers

<p>Disciplinary action by the SRA may occur. (B)</p> Signup and view all the answers

<p>Initially and when appropriate as the matter progresses. (B)</p> Signup and view all the answers

<p>Must be in writing and comply with specific regulations (B)</p> Signup and view all the answers

<p>A CFA must be in writing but does not require a signature. (C)</p> Signup and view all the answers

<p>When another firm offers legal aid and we do not (A)</p> Signup and view all the answers

<p>The percentage of success fee must be stated (C)</p> Signup and view all the answers

<p>25% of damages recovered (A)</p> Signup and view all the answers

<p>They may still be liable for court fees or expert fees. (A)</p> Signup and view all the answers

<p>The payment is contingent on the recovery of damages. (A)</p> Signup and view all the answers

<p>In family law proceedings (D)</p> Signup and view all the answers

<p>Details about when interim bills will be delivered must be clear. (B)</p> Signup and view all the answers

<p>The client understands all legal jargon involved. (C)</p> Signup and view all the answers

<p>Firms must hold a contract with the Legal Aid Agency (C)</p> Signup and view all the answers

<p>Location of the client (B)</p> Signup and view all the answers

<p>In cases of domestic violence or forced marriage (B)</p> Signup and view all the answers

<p>Cases of defamation (A)</p> Signup and view all the answers

<p>The proceedings involve a substantial question of law (D)</p> Signup and view all the answers

<p>Presence of mental health issues (D)</p> Signup and view all the answers

<p>A breach of the client’s Human Rights due to lack of representation (C)</p> Signup and view all the answers

<p>They can provide certainty for both solicitors and clients (A)</p> Signup and view all the answers

<p>The case must be of significant public interest (C)</p> Signup and view all the answers

<p>Anyone under 18 years old (C)</p> Signup and view all the answers

<p>If their gross monthly income exceeds the prescribed limit (B)</p> Signup and view all the answers

<p>Cases involving unlawful removal of a child (C)</p> Signup and view all the answers

<p>To administer public funds for legal cases (C)</p> Signup and view all the answers

Solicitors must provide clients with clear, understandable information to enable them to make informed decisions about their legal needs.

The Retainer outlines the terms of the legal service agreement, including costs, payment methods, and specifics of the service.

The Client Care Letter outlines the details of the legal engagement, including funding methods, timeframes, and cost estimates.

Failing to properly advise clients on funding arrangements could lead to disciplinary action, complaints, and potential negligence claims.

The solicitor and client can terminate the retainer anytime, with or without reason, but the solicitor is liable for costs incurred up to the termination point.

Solicitors must inquire about any pre-existing funding arrangements a client may have, such as BTE Insurance or trade union assistance.

A form of insurance that covers legal fees for certain types of claims.

Some trade unions provide funding or legal assistance to their members.

An additional element in an insurance policy, often for motor or house insurance, that provides protection before an event occurs. It may have limitations and requires thorough policy review and client inquiries.

A legal aid option where clients can access funding through their Trade Union for work-related accidents or incidents. Requires client confirmation and adherence to the Code of Conduct.

Covering legal fees when clients pay for legal services as the case progresses. It involves detailed cost estimations, breakdowns, caps, payment schedules, and potential recovery from the opposing party.

An agreement where a client only pays legal fees if the case is successful. If unsuccessful, the client is not liable for the solicitor's profit costs. However, if successful, the client is liable for profit costs, disbursements, counsel fees, and a success fee.

A type of legal funding where the solicitor's fees are paid as a percentage of the damages awarded to the client. This only applies if damages are recovered, ensuring no payment if unsuccessful.

A legal funding arrangement where the client is not liable for the solicitor's profit costs if the case is unsuccessful. The client bears those costs if the case is successful, along with a 'success fee' which cannot exceed 100% of the profit costs.

The maximum percentage a solicitor can claim as costs in a successful DBA claim. This varies depending on the type of claim: 25% for personal injury, 35% for employment, and 50% for other civil claims.

When a solicitor's fees are paid as a percentage of the damages awarded to the client, only if damages are recovered, this agreement must be in writing and comply with the DBA Regulations.

An agreement where the client only pays legal fees if the case is successful. This agreement must be in writing and state the percentage of the success fee.

The client must be informed of potential risks regarding the payment of opponent's legal costs, even if unsuccessful. This is essential in informing the client about possible financial implications.

Fixed fees are pre-determined amounts agreed upon at the start of a legal matter. They offer clarity for both the solicitor and client, particularly in straightforward cases like conveyancing, wills, or partnership agreements.

Legal aid is a system where public funds are used to help eligible individuals afford legal representation. It's administered by the Legal Aid Agency (LAA) and requires a contract with their Legal Services Scheme (LSS) to participate.

Scope refers to whether the case falls under the categories covered by Legal Aid (as per Schedule 1 of LASPO). Failing to advise a client about legal aid eligibility when suggesting a Conditional Fee Agreement (CFA) could lead to professional misconduct or negligence claims.

The 'merits test' evaluates whether a case has strong prospects of success and is proportional in terms of costs and potential benefits. Public interest, availability of other funding options, and likely outcomes are considered.

Financial eligibility looks at income and assets. The current limits for monthly gross income are £2657 or less, with a disposable income limit of £733 and capital limit of £8000. However, these restrictions are waived in cases involving domestic violence or forced marriage.

Private family matters involving domestic violence, care proceedings for preventing child removal, cases of homelessness, child abuse claims, and mediation in family proceedings are all eligible for Legal Aid.

Employment cases (excluding discrimination), general personal injury, defamation, matters of trust law, and claims under the Criminal Injuries Compensation Scheme are not typically eligible for Civil Legal Aid.

Exceptional case funding is an option for cases outside the usual scope of Legal Aid if the lack of legal advice and representation would violate the client's human rights.

Clients may have to contribute financially towards Legal Aid based on a 'means assessment' of their income and assets. This might involve making payments or receiving a 'statutory charge' on property.

Legal aid is available to cover defense costs in criminal matters. Passing the 'merits test' is crucial which includes 'Interests of Justice' criteria.

The Widgery Criteria assess whether the client is at risk of losing liberty, livelihood, or reputation, if there are significant questions of law, if they can understand proceedings, if witnesses need tracing or expert cross-examination, or if another person's interests require representation (e.g., in rape cases).

Anyone under 18 or receiving benefits like Income Support, Jobseeker's Allowance, Universal Credit, Guarantee Credit element of Pension Credit, or Income-related Employment and Support Allowance automatically qualifies for criminal legal aid. However, the 'interests of justice' test must still be passed.

Crowd Funding/Pure Funding and Commercial Funders are examples of third-party funding sources where individuals or organizations contribute to a case's financial support.