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Summary Professional Conduct and Regulations revision notes

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These are summary notes for the LPC skills unit - Professional Conduct and Regulations written circa June 2020 with a summary page detailing updates in the law since then and some useful internet links.

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  • August 20, 2024
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  • 2019/2020
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timothyjohntyne
Legal Practice Course Professional Conduct and Regulations (Jan 2020)


BPP University - Legal Practice Course – Own Summary Notes (Sept 2019 – Jun 2020)

Professional Conduct and Regulations (Jan 2020)

Contents

Subject Page

SRA Code of Conduct, Regulatory Requirements and Liabilities 3 - 14

SRA Principles 3

SRA Codes of Conduct 4

Conflicts of Interest 5

Client Care Letter (traditionally called the retainer) 6

Duty of Confidentiality 7

Duty of Disclosure 8

Conflict of the Duty of Confidentiality and the Duty of Disclosure – Adverse Interests 9

The Courts 10

Maintaining Trust and Acting Fairly 11

Compliance Officer for Legal Practice (COLP) 12

Compliance Officer for Finance and Administration (COFA) 13

Complaints Hierarchy 14

Money Laundering and the Proceeds of Crime 15 - 20

Customer Due Diligence 15

Standard Customer Due Diligence checks 16

Simplified Customer Due Diligence checks 17

Enhanced Customer Due Diligence 18

Timing of Customer Due Diligence checks and ongoing monitoring 19

Money Laundering Risk factors 20

Proceeds of Crime Act 2002 – POCA 2002 21 - 24

General direct offences 21

Non direct involvement offences / Reporting offences in the regulated sector 22

Money Laundering Reporting Officer (MLRO) reporting obligations 23

Tipping Off 24

Introduction to Financial Services 25 - 27

Financial Services and Markets Act 2000 – FSMA 2000 25

© Timothy John Tyne Page 1 of 32

,Legal Practice Course Professional Conduct and Regulations (Jan 2020)


Financial services decision tree 26

Financial services decision tree continued 27




Changes in Professional Conduct and Regulations since 2020 28

Appendix: Internet links to various forms/documents 29

List of cases in chronological order with page it first appears 30

List of legislation in chronological order with page it first appears 31

Bibliography and References 32




© Timothy John Tyne Page 2 of 32

,Legal Practice Course Professional Conduct and Regulations (Jan 2020)


SRA Code of Conduct, Regulatory Requirements and Liabilities

SRA Principles

The SRA introduced new rules which came into force on the 25 th of November 2019.

They were split into 3 parts these parts being

 The SRA Principles - P
 The SRA Code of Conduct for Solicitors, Registered European Lawyers (RELs) and Registered
Foreign Lawyers (RFLs) - CCS
 The SRA Code of Conduct for Firms - CCF

These were supplemented by

 a glossary and
 guidance notes.

The SRA (7) Principles Closest equivalent OLD code principles

“You act:

1. in a way that upholds the constitutional principles 1

of the rule of law, and the proper

administration of justice.

2. in a way that upholds the public trust and confidence 6

in the solicitors’ profession and in legal services

by authorised persons.

3. with independence. 3

4. with honesty.

5. with integrity. 2

6. in a way that encourages equality, diversity 9

and inclusion.

7. in the best interests of each client.” 4



Conflicting Principles

If there is conflict between the principles those that protect the wider public interest take
precedence over those protecting an individual client’s interest. This is reflected in the order of the
principles for example Principle 1 (P1) takes precedence over Principle 7 (P7)

This duty to the Courts and professional obligations should be made clear to clients and the fact it
outweighs your duty to your client.




© Timothy John Tyne Page 3 of 32

, Legal Practice Course Professional Conduct and Regulations (Jan 2020)


SRA Codes of Conduct

The SRA Code section details The SRA

Code of Conduct (Closest equivalent OLD code chapter) Code of Conduct

for Solicitors, for Firms

RELs and RFLs

(CCS) (CCF)

Paragraphs Paragraphs

1.1 – 1.4 Maintaining trust and acting fairly (2) 1.1 – 1.5

2.1 – 2.7 Dispute resolutions and proceedings before 7.1(a)

courts, tribunals and inquiries (5)

Compliance and business systems 2.1 – 2.5

3.1 – 3.6 Service and competence (1) 4.1 – 4.4

4.1 – 4.3 Client money and assets 5.1 – 5.2

5.1 – 5.6 Referrals, introductions and separate businesses 7.1(b)

(Note 7.1(b) only

imports 5.1 – 5.3

from CCS into CCF)

6.1 – 6.5 Conflict, confidentiality and disclosure (3,4) 6.1 – 6.5

7.1 – 7.12 Cooperation and accountability 3.1 – 3.12

8.1 – 8.11 When you are providing services to the public or 7.1(c)

a section of the public (1,8)

Managers in SRA authorised firms 8.1

Compliance officers 9.1 – 9.2




© Timothy John Tyne Page 4 of 32

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