LPC - PCR Exam
Who do the 7 principles apply to? - Answer-All solicitors
All bodies authorised by the SRA
Everybody who works in them
What are the 3 authorised bodies? - Answer-Recognised sole practitioners
Recognised bodies
Licensed bodies
Why do we have the principles? - Answer-They define the fundamental ethical and professional
standards expected of all firms and individuals when providing legal services
What if the principles conflict? - Answer-The principle that best serves the public interest in the
particular circumstances takes precedence
Are the principles subject to overriding legal obligations? - Answer-Yes
Other than as a matter of professional conduct, why should we worry about keeping clients happy? -
Answer-Competition
Existing clients/new clients
Reputation
, Where do most complaints from clients arise? - Answer-A lack of communication on issues such as cost
and timescale
What steps must you take when accepting instructions? - Answer-Identify the client (para 8.1)
Obtain evidence of identity
Act on clients instructions (para 3.1)
Provide competent and timely service
Are you allowed to decline instructions? - Answer-Yes but you must not fairly discriminate (1.1) and you
must justify your decisions (7.1)
- bare in mind principle 6
Is a client care letter required under the Code? - Answer-No but it is good practice
What duties do you owe a client? - Answer-Duty of care
Fiduciary duty (common law)
What comes under duty of care? - Answer-Duty of care to a client in negligence
Duty of care to a client in contract as there is an implied term of reasonable care & skill
What must you provide during the matter? - Answer-Competent and timely service
Consideration of the clients attributes, needs and circumstances
Ensure clients can make informed decisions
You can manage other effectively
Who do the 7 principles apply to? - Answer-All solicitors
All bodies authorised by the SRA
Everybody who works in them
What are the 3 authorised bodies? - Answer-Recognised sole practitioners
Recognised bodies
Licensed bodies
Why do we have the principles? - Answer-They define the fundamental ethical and professional
standards expected of all firms and individuals when providing legal services
What if the principles conflict? - Answer-The principle that best serves the public interest in the
particular circumstances takes precedence
Are the principles subject to overriding legal obligations? - Answer-Yes
Other than as a matter of professional conduct, why should we worry about keeping clients happy? -
Answer-Competition
Existing clients/new clients
Reputation
, Where do most complaints from clients arise? - Answer-A lack of communication on issues such as cost
and timescale
What steps must you take when accepting instructions? - Answer-Identify the client (para 8.1)
Obtain evidence of identity
Act on clients instructions (para 3.1)
Provide competent and timely service
Are you allowed to decline instructions? - Answer-Yes but you must not fairly discriminate (1.1) and you
must justify your decisions (7.1)
- bare in mind principle 6
Is a client care letter required under the Code? - Answer-No but it is good practice
What duties do you owe a client? - Answer-Duty of care
Fiduciary duty (common law)
What comes under duty of care? - Answer-Duty of care to a client in negligence
Duty of care to a client in contract as there is an implied term of reasonable care & skill
What must you provide during the matter? - Answer-Competent and timely service
Consideration of the clients attributes, needs and circumstances
Ensure clients can make informed decisions
You can manage other effectively
