SQE2 Client Interviewing & Attendance Notes 2

Question 1

A client who lacks mental capacity at the time of an interview can provide instructions through:

Accepted Answer

A person holding a registered Lasting Power of Attorney (LPA)

Answer

Only a person with a registered LPA for property and financial affairs (or a court-appointed deputy) has legal authority to instruct a solicitor on behalf of an incapacitated client.

Question 2

The attendance note of an initial meeting should record all of the following EXCEPT:

Accepted Answer

The solicitor's private personal opinions about the client's credibility

Answer

Attendance notes should record objective facts, advice and instructions; personal opinions about the client's credibility are inappropriate and should not be included in a professional file note.

Question 3

Under the SRA Code of Conduct 2019, conflicts of interest between two clients:

Accepted Answer

Cannot be acted on if a significant risk of conflict exists, with limited exceptions

Answer

The SRA Code prohibits acting where there is a significant risk of conflict; limited exceptions exist (e.g. conveyancing in specific circumstances) only with informed consent.

Question 4

Open questions in client interviewing are preferred in the early stages because they:

Accepted Answer

Encourage clients to give a narrative in their own words

Answer

Open questions ('Tell me what happened') invite a narrative response, giving the client control and ensuring no relevant facts are missed by premature narrowing.

Question 5

Which of the following statements about client confidentiality is correct?

Accepted Answer

The duty of confidentiality survives the end of the retainer and continues after the client's death

Answer

The SRA Code imposes a continuing duty of confidentiality that persists after the retainer concludes and even after the client dies, subject to very limited exceptions.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Client Interviewing & Attendance Notes 2