SQE1 Ethics & Professional Conduct 2

Question 1

What is 'informed consent' in the context of a solicitor-client conflict of interest?

Accepted Answer

Consent given freely by a client after they have been fully and clearly informed of the nature and implications of the conflict of interest and what it means for their matter

Answer

Informed consent to a conflict of interest requires the solicitor to give the client full, clear, and honest information about the conflict, its potential implications for their matter, and alternatives available, so the client can make a genuinely free and informed decision.

Question 2

Under the SRA Code of Conduct, what is the solicitor's duty when a client asks them to do something that the solicitor believes is dishonest?

Accepted Answer

Decline to follow the instruction and, if the client insists, cease acting

Answer

A solicitor must never act dishonestly or assist a client in doing so. If a client instructs a solicitor to act dishonestly and insists on it, the solicitor must refuse the instruction and, if the client maintains their position, the solicitor must cease acting and may need to consider reporting obligations.

Question 3

What is the SRA's approach to 'outcomes-focused regulation'?

Accepted Answer

Setting high-level principles and outcomes that solicitors must achieve, leaving flexibility in how they are met, with solicitors exercising professional judgment

Answer

The SRA's approach is outcomes-focused: rather than prescribing detailed rules for every situation, the Standards and Regulations set high-level principles and expected outcomes. Solicitors must use professional judgment to determine how to achieve these in their specific context.

Question 4

Under the Legal Services Act 2007, which body is responsible for oversight regulation of the Solicitors Regulation Authority?

Accepted Answer

The Legal Services Board (LSB)

Answer

The Legal Services Board (LSB) is the independent oversight regulator established by the Legal Services Act 2007. It oversees the approved regulators (including the SRA) and ensures they operate in accordance with the regulatory objectives of the Act.

Question 5

What does the SRA Code of Conduct require regarding a solicitor's duty when acting for a client in litigation who informs the solicitor they have committed perjury in their evidence?

Accepted Answer

The solicitor cannot correct the position without the client's consent but cannot continue to act unless the client agrees to correct the record; if the client refuses, the solicitor must withdraw

Answer

If a client tells their solicitor they have committed perjury, the solicitor cannot disclose this (confidentiality) but equally cannot allow the misleading position to stand. The solicitor must advise the client to correct the record. If the client refuses, the solicitor must cease acting (without explaining why to the court).

SQE1 Practice Test

SQE1 Practice Test

SQE1 Ethics & Professional Conduct 2