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Summary SQE2 - Professional Conduct

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SRA Code of Conduct - Part 1 - Part 5 - Parts 6.1, 6.2 - Parts 6.3-6.5 - Parts 7.1-7.12 - Part 8.1 - Principle 3

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PROFESSIONAL CONDUCT

SRA Principles
 Uphold constitutional principle of rule of law, and proper admin of justice
 Uphold public trust and confidence in solicitors' profession, in legal services provided
by authorised persons
 Act with independence + honesty, integrity
 Act to encourage equality, diversity, inclusion
 In client's best interests

If Principles come into conflict
 Those which safeguard wider public interest (rule of law, public confidence in
trustworthy solicitors' profession, safe and effective market for regulated legal
services) => Take precedence over individual client's interests

SRA Codes of Conduct
 Code of Conduct for Solicitors, RELs, RFLs
 SRA Code of Conduct for Firms
 Details
o Specific detail
o Standards and behaviours
 Outcome-based
o Defines ‘what’, not the ‘how’
o Solicitors decide how to deliver legal services
 Part 1 > Maintain trust, act fairly
o Part 1.2 > NOT abuse position by taking unfair advantage of clients and others
 Part 2 > DR + proceedings before courts, tribunals, inquiries
o Possible conflict
 Solicitor owes duty to do best for clients in litigation
 Solicitor must never deceive/mislead court (otherwise breach of
principles)
o NOT misuse/tamper with evidence (or attempt to do so)
o NOT seek influence substance of evidence (generating false evidence,
persuading Ws to change evidence)
o NOT provide/offer to provide benefit to Ws dependent upon nature of
evidence/outcome of case
o Only make assertions/put forward statements/reps/submissions to court or
others properly arguable
o NOT place yourself in court contempt, comply with court orders which place
obligations on you
o NOT waste court's time
o NOT draw court's attention to relevant cases and statutory
provisions/procedural irregularities which you aware, likely have material
effect on outcome
 Part 3 > Service and competence
o Ensure service provided to clients > Competent + delivered in timely manner
o Maintain competence > carry out role + keep professional knowledge and
skills up to date
o Consider and take account of client's attributes, needs, circumstances
 Wide ranging requirement

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