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?

That the client is informed about case pricing Signup and view all the answers

When can a solicitor's independence be considered compromised?

When receiving funding from a third party with restrictions Signup and view all the answers

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

Principle 4 Signup and view all the answers

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

Refuse to act and uphold the rule of law Signup and view all the answers

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

Written documentation specifying the amount Signup and view all the answers

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

To deal with the case justly and at proportionate cost Signup and view all the answers

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

Taking unfair advantage Signup and view all the answers

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

Honesty in all communications Signup and view all the answers

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

Their opponent's costs including disbursements Signup and view all the answers

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

Using their position to gain unfair advantages Signup and view all the answers

Why would a success fee be considered reasonably incurred?

If the client expressly approved it Signup and view all the answers

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

Costs cannot be recovered based on client’s good faith Signup and view all the answers

What must a solicitor uphold according to Principle 2?

Public trust and confidence in legal services Signup and view all the answers

Under what circumstances might clients be eligible for public funding?

If their income and capital fall within financial eligibility limits Signup and view all the answers

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

Negligence claims for personal injury Signup and view all the answers

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

The client's likelihood of success in the case Signup and view all the answers

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

A monthly contribution from disposable capital or income Signup and view all the answers

What will NOT typically receive public funding?

Claims that might be covered under a Conditional Fee Agreement (CFA) Signup and view all the answers

Which of the following accurately describes public funding administration?

Managed by the Legal Aid Agency (LAA) Signup and view all the answers

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

Notify the LAA as it may affect their funding Signup and view all the answers

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

It is payable on a monthly basis for as long as the case is funded 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?

Only when specified in the contract Signup and view all the answers

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

8% per annum Signup and view all the answers

What is a notable disadvantage of using arbitration?

Certain remedies, such as injunctions, are not available. Signup and view all the answers

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

Section 35A of the Senior Courts Act 1981 Signup and view all the answers

What does non-determinative ADR imply?

The third party helps parties reach a solution without enforcing it. Signup and view all the answers

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

The exact amount of interest accrued up to that date Signup and view all the answers

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

Courts cannot order unwilling parties to mediation. Signup and view all the answers

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

From the last day payment was due Signup and view all the answers

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

There could be costs penalties imposed by the court. Signup and view all the answers

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

Claiming under the Late Payment of Commercial Debts (Interest) Act 1998 Signup and view all the answers

What is one type of ADR mentioned?

Expert determination 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?

Having a set judicial rate automatically applied Signup and view all the answers

What does the CPR 1998 advocate regarding ADR?

The use of some form of ADR should be actively encouraged. Signup and view all the answers

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

Not detailed, since the claim is for unspecified amounts Signup and view all the answers

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

ENE is designed to help the parties reach a settlement. Signup and view all the answers

Which of the following best describes determinative ADR?

A third party imposes a solution on the disputing parties. Signup and view all the answers

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

Before commencing proceedings or within 7 days Signup and view all the answers

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

Both uninsured and untraced drivers Signup and view all the answers

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

To provide ex gratia compensation for personal injuries from criminal acts Signup and view all the answers

What can criminal courts do in relation to compensation?

They can order compensation for injury or loss during sentencing Signup and view all the answers

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

Full names, address, telephone number, and Mr Templar’s details Signup and view all the answers

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

The firm has previously acted for Mr Templar in related matters Signup and view all the answers

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

Confidential information that could be material to Mr and Mrs Simpson Signup and view all the answers

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

The firm must decline to act for Mr and Mrs Simpson Signup and view all the answers

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.