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
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
