CILEx L3 Professional Ethics for Legal Professionals 2 — Questions and Answers
Question 1: What is 'informed consent' in the context of legal professional ethics?
- A client's consent to a course of action given after the legal professional has fully explained the relevant risks and alternatives (Correct answer)
- Any consent given by a client in writing
- Consent obtained from a client by a court order
- A client's agreement to the legal professional's terms of business
Correct answer: A client's consent to a course of action given after the legal professional has fully explained the relevant risks and alternatives
Informed consent means the client has been given sufficient information to understand the nature and implications of what they are consenting to — including relevant risks, alternatives, and consequences. The legal professional must not obtain consent through misleading or incomplete explanations.
Question 2: What is a 'regulatory objective' under the Legal Services Act 2007?
- The statutory objectives that legal services regulators must promote, including the rule of law, access to justice, and protection of consumers (Correct answer)
- The commercial objectives of law firms
- The educational objectives of CILEX and the Law Society
- The objectives of the Legal Services Board as a body
Correct answer: The statutory objectives that legal services regulators must promote, including the rule of law, access to justice, and protection of consumers
The Legal Services Act 2007 sets eight regulatory objectives that all approved regulators (including CILEx Regulation, the SRA, and BSB) must have regard to, including: protecting the public interest, improving access to justice, protecting consumers, and promoting competition.
Question 3: What is 'legal professional privilege' (LPP) and why is it fundamental to legal ethics?
- LPP protects communications between lawyer and client from disclosure, enabling clients to be frank; without it, access to justice would be undermined (Correct answer)
- LPP allows lawyers to refuse to attend court
- LPP prevents clients from suing their lawyers for negligence
- LPP means all legal advice is exempt from taxation
Correct answer: LPP protects communications between lawyer and client from disclosure, enabling clients to be frank; without it, access to justice would be undermined
Legal professional privilege (comprising legal advice privilege and litigation privilege) protects confidential lawyer-client communications from compulsory disclosure. It is fundamental to the adversarial system — without it, clients could not freely consult lawyers.
Question 4: What are 'undertakings' in legal professional practice?
- Solemn commitments given by a legal professional on behalf of themselves or their client, which are binding and enforceable by the court or regulator (Correct answer)
- Agreements reached between clients of different law firms
- Formal offers of settlement in litigation
- Agreements to work for a reduced fee
Correct answer: Solemn commitments given by a legal professional on behalf of themselves or their client, which are binding and enforceable by the court or regulator
An undertaking is a personal obligation given by a legal professional — a promise that something will be done or will not be done. Unlike a mere representation, an undertaking is binding on the giver personally and can be enforced by the courts or the professional's regulator.
Question 5: What is the obligation of 'candour' towards the court?
- A legal professional must be honest with the court, not mislead it, and draw its attention to relevant legal authorities even if they are against their client's case (Correct answer)
- A legal professional must always disclose all client information to the court
- A legal professional must provide the court with a copy of all relevant documents
- Candour means the professional must agree with the court's provisional views
Correct answer: A legal professional must be honest with the court, not mislead it, and draw its attention to relevant legal authorities even if they are against their client's case
The duty of candour requires legal professionals not to mislead the court — including by omission. They must not make untrue statements, produce false evidence, or withhold authorities they know to be relevant (even if adverse to their client's case).
Question 6: What is 'fitness to practise' in legal professional regulation?
- Whether a legal professional is physically and mentally capable of practising law competently and with integrity (Correct answer)
- A formal assessment carried out annually by the relevant regulator
- Whether a solicitor has passed all required professional examinations
- Whether a legal executive holds a valid practising certificate
Correct answer: Whether a legal professional is physically and mentally capable of practising law competently and with integrity
Fitness to practise encompasses whether a legal professional has the competence, health, and character to practise. Regulators can investigate and take action where a professional's conduct, health, or competence falls below the required standard.
CILEx L3 Professional Ethics for Legal Professionals 2
What is 'informed consent' in the context of legal professional ethics?