this essay was split into two parts (but submitted as one. I will upload the two parts as a package deal). Part A required us to watch an interview and discuss the pros and cons of said interview linking to the solicitors regulation authority code of conduct.
The first portion of this assignment will include a critical evaluation of a specifically
chosen interview. Its main aim is to critically analyse any speech commented by the
solicitors and the process of the interview, in a manner that agrees with the Solicitor’s
regulation authority’s principles as well as code of conduct.
The facts of this case are as follows; Natalie Chandler is a criminal lawyer who owns
her own limited liability firm. A photograph was taken of her abusing an illegal
substance (cocaine) which was bought from her clients’ retainers. The photograph is
sent in the mail along with a note regarding her client Sammy Smith which stated
along the lines of his trial is to be successful or else. Natalie’s main worry is the
photograph being shared, a charge against her, and the possibility of losing her well
known reputation and clients.
In this interview, there were two solicitors present: Melissa Brown and Sara
Thompson. They introduced themselves to the client, Natalie Chandler clearly and
immediately before exchanging pleasantries, attempting to make her comfortable by
offering water etc after. Both Melissa and Sara used language their client could
understand, not complicating their explanations upon finding out she was a criminal
lawyer herself which abides with clause 8.61 of the Solicitors Regulation Authority
(SRA) which requires information is given to a client in a manner they can
understand. In accordance with clause 8.102 of the SRA both solicitors were able to
establish their positions; Melissa was to take notes whilst Sara interviewed the client
(for a majority of the session). It was made aware of time and the interview was to be
35 minutes however they asked Natalie if she had any time limitations. The solicitors
were able to mention the three fundamentals of cliental interviewing:
The first rule regarding confidentiality, informing the client their discussion and notes
made within their session (and if future session were to occur) following clause 6.33
of the SRA which promises confidentiality with all past and prior clients with few
exceptions. They also uphold principal 24 of the SRA principles, a solicitor’s duty is
to act in a way that upholds the public’s trust. Sara made awareness upon the fact
confidentiality will not be kept when disclosure is permitted if their client committed
a crime. Also, confidentiality cannot be breached based on her past crimes unless
Natalie was to say she would commit this crime in the future.
1
Sra, 'SRA Code of Conduct for Solicitors, RELs and RFLs' (Solicitors Regulation Authority, 30 May
2018) <https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/> accessed 13 April
2023, clause 8.6.
2
Sra, 'SRA Code of Conduct for Solicitors, RELs and RFLs' (Solicitors Regulation Authority, 30 May
2018) <https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/> accessed 13 April
2023, clause 8.10.
3
Sra, 'SRA Code of Conduct for Solicitors, RELs and RFLs' (Solicitors Regulation Authority, 30 May
2018) <https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/> accessed 13 April
2023, clause 6.3.
4
Sra, 'SRA Principles' (Solicitors regulation authority, 30 May
2018) <https://www.sra.org.uk/solicitors/standards-regulations/principles/> accessed 13 April 2023, principle 2.
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