Professional Ethics for Legal Professionals Flashcards

What body regulates CILEX members?

Answer: CILEx Regulation (the independent regulatory body for Chartered Legal Executives)

CILEx Regulation is the independent regulatory body responsible for regulating Chartered Legal Executive lawyers and other CILEX members, setting standards, handling complaints, and authorising practice.

What is the principle of 'client confidentiality'?

Answer: A legal professional must not disclose information relating to a client's matter without the client's consent, subject to limited exceptions

Client confidentiality is a core professional obligation — a legal professional must keep information relating to a client's affairs confidential and must not use it for their own or anyone else's benefit without the client's consent, except in very limited circumstances.

What does 'conflict of interest' mean for a legal professional?

Answer: A situation where a legal professional's personal interests, or their duty to another client, conflict with their duty to act in the client's best interests

A conflict of interest arises when a legal professional's duty to one client conflicts with their duty to another client, or where their personal interests conflict with their duty to a client. Most conflicts require the professional to cease acting for one or all affected parties.

What is the duty of a legal professional to the 'court'?

Answer: A duty not to mislead the court, which overrides their duty to their client where the two conflict

Legal professionals owe an overriding duty to the court not to mislead it — they cannot knowingly present false evidence, make untrue statements of fact, or conceal material information that they are required to disclose.

What is the 'cab rank rule' as it applies to barristers?

Answer: A barrister must accept any brief offered to them in their area of practice at the appropriate fee, and cannot refuse without good reason

The cab rank rule (in the BSB Handbook) requires barristers to accept any brief in a court they practise in, at the appropriate fee, regardless of the client's identity or the nature of the case — preventing barristers from refusing unpopular or difficult cases.

What is 'money laundering' and what obligations does it create for legal professionals?

Answer: The process of making illegally obtained money appear legitimate; legal professionals must file Suspicious Activity Reports (SARs) under the Proceeds of Crime Act 2002

Money laundering is the process of disguising the criminal origins of funds. Under the Proceeds of Crime Act 2002 and the Money Laundering Regulations, legal professionals must conduct client due diligence, recognise suspicious activities, and file SARs with the National Crime Agency.