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PROFESSIONAL CONDUCT AND REGULATION:LATEST,COMPLETE GUIDE
- Module
- BPP (BPP)
PROFESSIONAL CONDUCT AND REGULATION:LATEST,COMPLETE GUIDE
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PROFESSIONAL CONDUCTAND REGULATION
REVISION NOTES
2020
1
, PCR for Property Law
SRA CCS
7 Principles SRA CCS:
Uphold rule of law
Uphold public trust and confidence in solicitors
Act with independence
Act honestly
Act with integrity
Encourage equality, diversity and inclusion
Act in bests interests of each client
Where there is conflict between principles, those in the public interest
take precedence over the interests of the client – the duty to the court takes
precedence
If it becomes clear that a client has misled the court, there is a
duty on the solicitor to ask the client to disclose the truth to the
court, and if he refuses, to stop acting for him / her
SRA CCS 1.4 – you do not mislead clients or the court or others by your
own acts or omissions or allowing or being complicit in the acts or omissions of
others (inc. your client)
CCS 3.1 – You only act for clients on instructions from the client, or from
someone properly authorised to provide instructions on their behalf
Where legal authority to act + not possible to ascertain instructions
from client = subject to overriding obligation to protect client’s best
interests
Undertakings
Be very cautious not to undertake to do something that is out of your
control, and when making an undertaking, ensure it is Specific, Measured,
Agreed, Realistic, Timed, as you must perform all undertakings within an
agreed timescale or within a reasonable amount of time (SRA CCS 1.3)
When making undertakings, there is a difference between an undertaking to
take
reasonable endeavours vs best endeavours
‘Reasonable endeavours’ only requires the party to take one
reasonable course
‘Best endeavours’ requires the party to take all the reasonable
courses he can
2
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