Ethics and Professional Conduct – 4ed (2024) Chapter 4 The Retainer

Which of the following is the most accurate description of a 'retainer' in the context of a solicitor-client relationship?

According to the provided material, what is a solicitor primarily obligated to do when managing client expectations at the start of their professional relationship?

Why is identifying the client considered important when a solicitor is instructed by a director concerning the debts of a company?

What is the primary purpose behind the solicitor's duty to identify their client?

In the context of third-party instructions, under what circumstance can a solicitor act on instructions from someone other than the client?

What is the potential repercussion if a solicitor takes positive steps in court proceedings without proper authorization?

According to the material, when does a solicitor breach the Code of Conduct by refusing to accept a client's instructions?

When a solicitor suspects a client's instructions are influenced by duress, they can seek assistance from which of the following?

Under which of the following circumstances may a solicitor find it appropriate to draft a will that includes a significant gift to the solicitor?

A solicitor is instructed to tamper with a surveyor's report to hide defects in a property that his client is selling. What principle is breached if the solicitor complies?

What legislation implies that a supplier of services will carry out those services with reasonable care and skill?

What is a key action a solicitor should take to rebut the presumption of undue influence in dealings with a client?

Which of the following best describes a solicitor's duty of disclosure?

Can a client limit a solicitor's authority?

What is the condition relating to fees, that a solicitor must meet, before forwarding the client's file to them?

What action should a solicitor take if they are holding client monies after the retainer has been terminated?

Under the Data Protection Act 2018, what are the obligations a solicitor has towards personal data in files related to a terminated retainer?

What right does a client have with respect to terminating a retainer with a solicitor?

Which of the following represents a situation in which a solicitor MUST terminate a retainer?

What is a solicitor's legal right that allows them to retain a debtor's property until payment?

Under what circumstances can a solicitor apply to court for a charging order under s 73 Solicitors Act 1974?

In the case of P&P Property Ltd v Owen White & Catlin LLP and Another; Dreamvar (UK) Ltd v Mishcon De Reya and Another [2018] EWCA Civ 1082, what did the Court of Appeal hold regarding the buyers' solicitors?

Which of the following best describes the 'fiduciary duty' that a solicitor owes to their client?

What is implied by the phrase 'reasonable notice of termination'?

Warner v Masefield holds that?

A solicitor suspects a client is being coerced by their family to sign over their assets. What is the solicitor's most appropriate initial course of action?

Which scenario presents a potential breach of a solicitor's duty to act in the client's best interests?

A solicitor has been acting for a client in a complex property dispute. Mid-way through the case, the solicitor receives a lucrative job offer from a rival firm, but taking the job would mean abandoning the client's case. Ethically, what should the solicitor do?

A solicitor is drafting a will for an elderly client. The client insists on leaving a substantial portion of their estate to the solicitor, citing gratitude for years of service. Despite the solicitor's attempts to dissuade the client, they persist. What step MUST the solicitor take to proceed ethically?

A solicitor is instructed by a client to defend them on a serious fraud charge. The client confides in the solicitor that they are, in fact, guilty, but instructs the solicitor to aggressively fight the charges and mislead the court if necessary. What is the solicitor's ethical obligation?

A solicitor has been representing a client for several years, accumulating a large amount of sensitive personal data. The client unexpectedly terminates the retainer. A year later, the solicitor is contacted by a marketing company offering a substantial sum for access to the client's data for targeted advertising. What should the solicitor do?

A solicitor has been instructed by a new client in a complex commercial dispute. After conducting initial due diligence, the solicitor discovers that they possess confidential information relating to the opposing party from a previous, unrelated matter. Disclosing this information would significantly benefit the new client's case. Ethically, what should the solicitor do?

A solicitor has acted for a client for many years but feels as though, latterly, the client requires constant reassurance and advice for every step and doubts the solicitor's advice at every turn. The client is also slow to give instructions. The solicitor sees a new case which would be good for their own career. The solicitor asks the client to settle cheaply and go away, so that the solicitor can move on to the new case. What breach might this constitute?

A solicitor receives instructions from a client, an established company director and representative, that involves highly unethical business practices, bordering on illegality. The director assures the solicitor that these practices are commonplace in their industry and necessary for survival. What represents the ethically soundest course of action for the solicitor?

A solicitor is approached by a prospective client who is renowned for aggressive litigation tactics and has a history of vexatious claims. The solicitor is hesitant to accept the client, anticipating potential reputational damage to their firm if the client is accepted. How may the situation be accurately described?