Assignment on Professional Law
Added on 2021-04-19
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Running head: PROFESSIONAL LAWProfessional LawName of the studentName of the universityAuthor note
1PROFESSIONAL LAWFacts Adrian had sustained a medical condition while working for Northern and Western Coaland Minerals Company. Sutton and Co advised Adrian that he would be able to make a claimfor general damages only. Adrian got to know that he has a much greater claim in terms ofspecial damages. Adrian discovered that the representative of Sutton and Co was the brotherof a senior executive at Northern and Western Coal and Minerals Company. Adrian alsofound out that Sutton and Co had taken money from Northern and Western Coal andMinerals Company in order to settle the claim at a low cost Issue The issue in this case is to determine whether the Adrian can make a successful claim ofbreach of professional conduct and professional negligence against Sutton and Co for a failure toprovide him with relevant advice and the damages suffered. Rule SRA (Solicitor Regulatory Authority) Code of Conduct 2011 is in place in the UK for thepurpose of setting out guidelines to the Solicitors in relation to how they should carry out withtheir work activities1. There are ten mandatory principles provided in the code. The first principleprovides that a solicitor must always adhere to the rule of law and indulge in the appropriateadministration of justice. The second principle provides that a solicitor must incorporate theprinciples of integrity into actions. The third principle provides that a solicitor must not provideany scope where independent decision making may be compromised. The fourth principleprovides that a solicitor must work in a way which is to ensure the clients best interest. The fifth1Vaughan, Steven. "Guidance and the regulatory space for solicitors." (2015).
2PROFESSIONAL LAWprinciple provides that a solicitor must give such services to the client which may be consideredas of an appropriate standard. The sixth principle provides that a solicitor must act in a mannerthrough which the trust held by the public is maintained in relation to both legal services and thesolicitor. The seventh principle provides that a solicitor must act in compliance with regulatoryand legal provisions and interact with the ombudsmen and the regulators in a timely, open andco-operative manner. The eighth principle provides that a solicitor must carry out the role andrun the business in a manner which is effective and ensure proper governance, financial and riskmanagement. The ninth principle provides that a solicitor must ensure encouragement of equalopportunity in business as well as respect for diversity. The tenth principle provides that asolicitor must ensure that the clients’ assets and money are protected2According to the code it is the duty of the solicitor in relation to the clients to ensure that theclients are treated in a fair manner, the interest of the clients is protected in the properadministration of justice and they inform the client about all facts which may materiallyprejudice their interest3. In the case of “Solicitors Regulation Authority v Dennison” the issue before the courtwas that to determine whether the solicitor had indulged in a professional misconduct4. Thesolicitor in this case uses to work for another organization before joining the present firm. Therewas dealing between the present firm and the previous organization of the solicitor where he hadmaterial interest. In this situation it was the duty of the solicitor to ensure that he discloses suchinterest to the present firm and avoid any conflict of interest or a situation where his capacity ofmaking independent judgment is compromised. However the solicitor did not do so. The court in2Authority, Solicitors Regulation. "Solicitors’ Code of Conduct."online: SRA http://www. sra. org. uk/code-of-conduct. page(2011).3Vaughan, Steven. "Guidance and the regulatory space for solicitors." (2015).4 [2011] ALL ER (D) 320 (MAR)
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