Chapter 2
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Questions and Answers

What is the overriding duty of a solicitor concerning the court?

  • To never disclose any information that may harm the client's case
  • Not to mislead the court (correct)
  • To ensure that all facts presented are favorable to the client's case
  • To prioritize the client's interests above all else

Which principle requires a solicitor to uphold public confidence in the legal profession?

  • Public confidence (correct)
  • Independence
  • Justice and the rule of law
  • Integrity

What must a solicitor do even if the legal authorities are not favorable to their case?

  • Disclose all relevant legal authorities (correct)
  • Conceal the authorities that are not favorable
  • Seek approval from the client before disclosure
  • Only disclose favorable authorities

What must a solicitor ensure regarding their client's information about pricing?

<p>That the client is informed about case pricing (D)</p> Signup and view all the answers

When can a solicitor's independence be considered compromised?

<p>When receiving funding from a third party with restrictions (B)</p> Signup and view all the answers

What principle requires a solicitor to act with integrity and honesty?

<p>Principle 4 (D)</p> Signup and view all the answers

What should a solicitor do if a client asks them to act illegally?

<p>Refuse to act and uphold the rule of law (B)</p> Signup and view all the answers

Which of the following could indicate informed consent regarding a success fee?

<p>Written documentation specifying the amount (A)</p> Signup and view all the answers

What is a core duty of a solicitor to help the court achieve?

<p>To deal with the case justly and at proportionate cost (A)</p> Signup and view all the answers

What must a solicitor avoid when dealing with their client according to para 1.2?

<p>Taking unfair advantage (C)</p> Signup and view all the answers

What principle can lead to contempt of court if not followed?

<p>Honesty in all communications (B)</p> Signup and view all the answers

In the case of a client with a CFA losing, what are they liable for?

<p>Their opponent's costs including disbursements (D)</p> Signup and view all the answers

What can indicate a lack of integrity in a solicitor's conduct?

<p>Using their position to gain unfair advantages (D)</p> Signup and view all the answers

Why would a success fee be considered reasonably incurred?

<p>If the client expressly approved it (B)</p> Signup and view all the answers

What did the Court of Appeal hold in Candey Ltd v Bosheh regarding recovering costs under a CFA?

<p>Costs cannot be recovered based on client’s good faith (B)</p> Signup and view all the answers

What must a solicitor uphold according to Principle 2?

<p>Public trust and confidence in legal services (C)</p> Signup and view all the answers

Under what circumstances might clients be eligible for public funding?

<p>If their income and capital fall within financial eligibility limits (C)</p> Signup and view all the answers

Which types of claims are generally excluded from receiving public funding?

<p>Negligence claims for personal injury (D)</p> Signup and view all the answers

What must be assessed alongside financial eligibility to secure public funding?

<p>The client's likelihood of success in the case (A)</p> Signup and view all the answers

What might a client be required to contribute if receiving public funding?

<p>A monthly contribution from disposable capital or income (C)</p> Signup and view all the answers

What will NOT typically receive public funding?

<p>Claims that might be covered under a Conditional Fee Agreement (CFA) (C)</p> Signup and view all the answers

Which of the following accurately describes public funding administration?

<p>Managed by the Legal Aid Agency (LAA) (A)</p> Signup and view all the answers

What should clients do if their financial circumstances change while receiving public funding?

<p>Notify the LAA as it may affect their funding (A)</p> Signup and view all the answers

What occurs if a client's contribution is based on their income?

<p>It is payable on a monthly basis for as long as the case is funded (A)</p> Signup and view all the answers

Under what circumstances can a prospective claimant demand interest on a claim prior to the commencement of legal proceedings?

<p>Only when specified in the contract (A), Only if covered by statutory provisions (C)</p> Signup and view all the answers

What is the current statutory interest rate for non-commercial cases as specified under the relevant acts?

<p>8% per annum (C)</p> Signup and view all the answers

What is a notable disadvantage of using arbitration?

<p>Certain remedies, such as injunctions, are not available. (B)</p> Signup and view all the answers

Which section allows the court to award interest in respect of High Court cases?

<p>Section 35A of the Senior Courts Act 1981 (C)</p> Signup and view all the answers

What does non-determinative ADR imply?

<p>The third party helps parties reach a solution without enforcing it. (B)</p> Signup and view all the answers

What must a claimant specifically include in the particulars of claim when seeking interest?

<p>The exact amount of interest accrued up to that date (C)</p> Signup and view all the answers

Under what circumstances can a court order parties to use ADR, based on the Halsey case?

<p>Courts cannot order unwilling parties to mediation. (B)</p> Signup and view all the answers

In a debt claim, from when should interest typically be claimed?

<p>From the last day payment was due (C)</p> Signup and view all the answers

What are the implications of unreasonably refusing ADR according to the CPR?

<p>There could be costs penalties imposed by the court. (B)</p> Signup and view all the answers

What is the alternative to claiming interest directly specified in a contract?

<p>Claiming under the Late Payment of Commercial Debts (Interest) Act 1998 (D)</p> Signup and view all the answers

What is one type of ADR mentioned?

<p>Expert determination (B)</p> Signup and view all the answers

Which of these is NOT a method through which a claimant can seek interest arising from a breach of contract?

<p>Having a set judicial rate automatically applied (D)</p> Signup and view all the answers

What does the CPR 1998 advocate regarding ADR?

<p>The use of some form of ADR should be actively encouraged. (D)</p> Signup and view all the answers

When claiming interest on damages, how should the request be structured?

<p>Not detailed, since the claim is for unspecified amounts (A)</p> Signup and view all the answers

Which statement about Early Neutral Evaluation (ENE) is true?

<p>ENE is designed to help the parties reach a settlement. (A)</p> Signup and view all the answers

Which of the following best describes determinative ADR?

<p>A third party imposes a solution on the disputing parties. (B)</p> Signup and view all the answers

What is the time frame for serving notice of proceedings on insurers?

<p>Before commencing proceedings or within 7 days (A)</p> Signup and view all the answers

What types of drivers does the Motor Insurers Bureau (MIB) compensate for?

<p>Both uninsured and untraced drivers (B)</p> Signup and view all the answers

What is the role of the Criminal Injuries Compensation Authority (CICA)?

<p>To provide ex gratia compensation for personal injuries from criminal acts (D)</p> Signup and view all the answers

What can criminal courts do in relation to compensation?

<p>They can order compensation for injury or loss during sentencing (A)</p> Signup and view all the answers

What basic information is collected during the first interview with a solicitor?

<p>Full names, address, telephone number, and Mr Templar’s details (A)</p> Signup and view all the answers

What might pose a conflict of interest for the solicitors handling Mr and Mrs Simpson's case?

<p>The firm has previously acted for Mr Templar in related matters (B)</p> Signup and view all the answers

What information must be evaluated concerning Mr Templar in relation to confidentiality?

<p>Confidential information that could be material to Mr and Mrs Simpson (D)</p> Signup and view all the answers

If previous instructions were given to the firm by Mr Templar, what would be the outcome?

<p>The firm must decline to act for Mr and Mrs Simpson (D)</p> Signup and view all the answers

Flashcards

Solicitor's Duty to Disclose Legal Authorities

A solicitor must disclose all relevant legal authorities to the court, even if they are unfavorable to their client's case.

Public Confidence in Solicitors

A solicitor must act in a way that maintains public trust and confidence in the legal profession.

Solicitor's Independence

The solicitor must ensure their independence is not compromised by any external factors, such as third-party funding arrangements.

Solicitor's Duty of Honesty

A solicitor must act with honesty in all their dealings with the court and their clients.

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Solicitor's Duty of Integrity

A solicitor's actions must adhere to a high level of integrity and fairness.

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Solicitor's Role in Achieving Justice

As an advocate, a solicitor must assist the court in achieving a just and efficient outcome, considering the cost and time involved.

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Solicitor's Duty to the Client

A solicitor must prioritize the interests of their clients, but this duty is not absolute. It is subject to the solicitor's overriding duty to the court.

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SRA Code of Conduct

The SRA Code of Conduct sets out the ethical principles and standards that solicitors must adhere to.

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Solicitor's Duty to Uphold Public Trust

A solicitor must act in a way that maintains public trust and confidence in the legal profession.

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Solicitor's Duty to Act with Honesty and Integrity

A solicitor must act with honesty and integrity in all dealings with clients.

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Avoiding Abuse of Position

A solicitor must not take advantage of a client by charging unreasonable fees or using their power unfairly.

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Transparency in Cost Information

A solicitor must provide clients with clear information about how their case will be priced.

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Informed Consent for Success Fees

A solicitor must ensure that clients understand and consent to the amount of the success fee in a Conditional Fee Agreement (CFA).

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Candey Ltd v Bosheh: CFA and Client Settlement

A solicitor can't avoid the terms of a CFA by seeking to recover costs from a client who settled the case on terms that were disadvantageous to the solicitor.

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CFA and Liability for Opponent's Costs

If a client with a CFA loses their case, they may still be liable for their opponent's costs and disbursements.

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CFA and Costs in a Winning Case

If a client wins a case with a CFA, they usually won't have to pay their own solicitor's fees but will still be liable for their opponent's costs.

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What are the limitations of public funding for civil litigation?

Public funding for civil litigation is limited and usually not available for cases that can be financed by Conditional Fee Agreements (CFAs) or claims involving personal injury, death or property damage.

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Who qualifies for public funding in civil litigation?

Public funding is only granted to clients who meet specific financial eligibility criteria, which vary based on the nature of the legal assistance needed.

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What is the 'merits test' for public funding?

Public funding for civil litigation is subject to a 'merits test,' evaluating the client's chances of success and weighing the cost of the proceedings against the potential benefits.

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What are the potential financial contributions for clients receiving public funding?

Public funding for civil cases can involve a client contribution from their income or capital, payable monthly during the case period.

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What are the reporting obligations for clients receiving public funding?

Clients receiving public funding have an obligation to inform the Legal Aid Agency (LAA) of any changes in their circumstances, as such changes may affect the contribution amount or their eligibility for funding.

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Who administers public funding for civil and criminal matters?

The Legal Aid Agency (LAA) is the organization responsible for administering public funding for both civil and criminal matters in the UK.

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What are Conditional Fee Agreements (CFAs)?

Conditional Fee Agreements (CFAs) are alternative financing methods for legal cases, often employed in civil litigation. They typically involve the client paying a fee only if the case is successful.

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When is public funding typically not available for civil cases?

Public funding for civil cases is usually unavailable when a client's case can be financed by a CFA, as the CFA would provide a financial incentive without the need for public funds.

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Alternative Dispute Resolution (ADR)

A method of resolving disputes outside of courts, often using an independent third party to help parties reach a solution.

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Non-determinative ADR

A type of ADR where the third party suggests solutions but does not impose them. The parties have the power to accept or reject the suggested solution.

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Determinative ADR

A type of ADR where the third party has the authority to make a binding decision on the parties, and they must abide by it.

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Mediation

A method of ADR where a neutral third party helps the parties negotiate a settlement. The mediator does not impose a solution.

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Expert Appraisal

A method of ADR where an expert in the field provides an opinion or assessment on a technical issue in dispute.

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Expert Determination

A formal type of ADR where an expert is appointed to make a binding decision on a specific issue in dispute.

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Claim for interest

A legal claim seeking interest on an outstanding debt or damages caused by a breach of contract.

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Arbitration

A method of ADR where the parties agree to have their dispute resolved by an independent arbitrator instead of going to court. The arbitrator makes a binding decision.

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Pre-action entitlement to interest

Allows a claimant to demand interest on a claim before initiating legal proceedings, if the contract permits.

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Can a court order the use of ADR?

Courts cannot force parties to use a specific ADR method. Parties have the right to access the court system.

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Late Payment of Commercial Debts (Interest) Act 1998

A legal statute allowing interest on delayed commercial payments.

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Discretionary interest

The court's power to award interest on a claim for damages or debt.

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Section 35A of the Senior Courts Act 1981

A legal provision in the Senior Courts Act 1981 governing the award of interest, applicable to the High Court.

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Section 69 of the County Courts Act 1984

A legal provision in the County Courts Act 1984, governing interest awards in the County Court.

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Lump sum interest

The amount of interest accrued before legal proceedings are initiated.

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Daily interest

Interest calculated daily after legal proceedings are commenced.

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What is the Motor Insurers Bureau (MIB)?

The Motor Insurers Bureau (MIB) is a scheme funded by insurance companies to help victims of uninsured or untraced drivers receive compensation.

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What is the Criminal Injuries Compensation Authority (CICA)?

The Criminal Injuries Compensation Authority (CICA) provides compensation to victims of criminal acts for their injuries.

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What is a 'criminal compensation order'?

The Criminal Courts can order compensation for victims of crime when sentencing the defendant.

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Why could acting for one client create a conflict of interest if the solicitor has acted for another client?

If a solicitor has acted for a party in the past, there may be confidential information about that party that cannot be disclosed to the other side, which could create a conflict of interest if the solicitor acts against that party.

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What should a solicitor do before acting in a new case?

A solicitor must check for any past representation of a party before accepting new instructions to avoid a conflict of interest.

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What are the implications of a solicitor having material information about a potential opponent?

A solicitor cannot act for a client if the information they hold about another party is material to the new client's case and could be harmful to the other party's interests.

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Before acting for a new client, what must a solicitor consider?

A solicitor must consider the potential impact of confidential information and whether it is material to a new client's case before accepting instructions.

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When might a solicitor be able to act for a new client despite having past information?

If the information the solicitor holds about a potential opponent is not material to the new client's case, then there may not be a conflict of interest. But they still should exercise caution.

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Study Notes

Chapter 2: Considerations at the First Interview Including Funding the Claim

  • This chapter discusses the first interview in a civil claim, including considerations of funding.
  • Stage 1 of a civil claim, the pre-commencement stage, is crucial for gathering evidence and advising on viability.
  • Key aspects of the first interview include identifying client objectives, explaining issues and options, agreeing next steps, and keeping the client informed.
  • Professional conduct, including confidentiality and conflict of interest, is essential during the interview.
  • Solicitors must adhere to the SRA Code of Conduct, particularly the duty of confidentiality.
  • Money laundering regulations require adequate procedures to check client identity.
  • Determining who the client is and if the solicitor is authorized to act is crucial.
  • Money laundering legislation must be considered for adequate procedures.
  • Discussing costs with the client is important, including types of funding.
  • Contingency fee agreements (CFAs) are discussed, with their defining characteristics and requirements (e.g., being in writing, concerning civil litigation, etc.).
  • Damages-based agreements (DBAs) are defined, outlining their requirements (e.g., being written, not exceeding 50% including VAT, etc.) and how the fee is determined (based upon awarded damages).
  • Possible funding options include before-the-event and after-the-event insurance.
  • Solicitor's core duties, including upholding justice, maintaining public confidence, and acting independently and honestly, are discussed.
  • Legal issues, such as limitation periods and liability are discussed for different types of claims.
  • Litigation costs, such as disbursements, barristers' fees, and expert fees, should be assessed in the context of liability and quantum.
  • Case analysis is crucial. Viability, liability, and quantum are key elements to be examined.
  • Questions regarding who the defendant is, if someone other than the defendant is liable, and if the defendant is solvent are important questions which need to be answered.
  • Limitation periods are determined by the type of claim (contract, tort, etc.) and related statutory provisions.
  • Interest claims, whether specified or unspecified sums of money, are outlined.
  • Alternative methods to litigation, such as arbitration and alternative dispute resolution (ADR), are discussed.
  • Negotiation and potential settlements are also topics of discussion during client interviews.

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Test your knowledge on the key duties and ethical principles governing solicitors. This quiz covers topics such as client confidentiality, integrity, informed consent, and the solicitor's role in court proceedings. Ideal for law students and legal professionals.

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