Professional Misconduct of J Simmons and Co

The assignment discusses a scenario where J Simmons and Co, a company, engage in serious professional misconduct by failing to disclose their financial interest in a business transaction with clients Ben, Ella, Amelia, and Harry. The company also breaches the principles of legal ethics, including partiality, lack of communication, and conflict of interest. The clients are at risk of facing financial losses due to the company's actions, and they may sue for damages.

Professional Legal Skills

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
CONCLUSION................................................................................................................................4
REFERENCES................................................................................................................................5

INTRODUCTION
In conducting the professional duties a person or an organization is needed to exercise all
skills and knowledge to give the 100% of the outcome. They are also bound to abide with the
ethical consideration while working in their legal profession. In the present essay the rules of
professional conduct and principles of legal ethics are applied in the given case related with
purchase of villas in foreign nation including the parties J Simmons and Co, Ben, Ella, Amelia
and Harry.
MAIN BODY
Professional conduct:
The professional conduct can be defined as approach and behaviour of occupational
group and people with taking into consideration the ethical, moral and standards of the
behaviour. Being a professional it is essential for a person or organization to maintain his /her
ethical behaviour and to have a good professional conduct (Code of conduct, 2018). For
maintaining the good professional conduct one must ensures the confidentiality and objectivity
of the investigation or a business deal. Objectivity can be defined as the person conduct the
investigation relevant with a business deal in unbiased way regrinding the terms and condition
related with transaction and true facts related with the deal. No declension and advice be given
without proper investigation and correct proofs. The confidentiality means the facts that are
revealed during the investigation and research for the business must be kept confidential to
secure the evidence.
A code of professional conduct is a necessary component to any profession to maintain
standards for the individuals within that profession to adhere. It brings about accountability,
responsibility and trust to the individuals that the profession serves.
Rules of professional conduct:
This can be defined as the rules that guides the conduct and behaviour of professional in
their business and profession (Principles of Professional Ethics, 2018) The rules regulated to
underpin aspect of trade practices, defines the fundamental ethical and professional standards
that all the firm and person in business must abide when providing legal services. The rules of
professional conduct when providing services are:
1. To uphold the rule of law and proper administration of the justice:
2. To act with integrity:
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3. Not allowing the independence to be compromised:
4. Act in the best interest of the clients
5. To provide a proper standard of service to client
6. To protect asset and money of the client:
7. To provide advice for making informed decision about the services they asked for
8. Treat the client fairly and protect their interest.
9. To inform client about any financial or personal interest in the transaction entered.
10. To inform client about any act or omission that can give rise to a claim against them.
Principle of legal Ethics:
Legal ethics is a term that is used to describe the code of conduct in proper governance of
the professional behaviour. This establishes the nature of the obligation which are owed to the
individual and to the society (Legal ethics, 2018). Good ethics is the fundamental requirement of
every professional it is an integral part for the success of the business as well. The ethics is a
system of the moral principles that governs the appropriate conduct of a person of a group. To
maintain good ethics means being consistent with the correct moral conducts constantly.
In the professional manner it can be defined as the conduct of the professional to make
judgement between right and wrong. There are several factors that can encourage the unethical
behaviours but right conduct by a person is that despite of facing the ethical dilemmas, he/she
assess the situation and makes a differentiation between what is morally right and what is
morally wrong in order to follow the rules of code of professional conduct.
The principles of legal ethics includes:
 Adherence with the highest standards of professional conduct,
 Endeavour for impartiality and objectivity when dealing with others,
 Communicate openly and honestly with colleagues and clients,
 To maintain confidentiality in professional relationship,
 Fulfilment of the commitments with reliability, responsibility and efficiently,
 Take accountability for actions, use of resources and financial dealings
 Avoid potential or apparent conflicts of interest,
 Show respect and understanding toward all people and honour diversity,
 Continuous up gradation of the professional competency to meet the changing needs of
clients.
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Application in the given cases scenario:
With application of the rules of professional conduct and principles of legal ethics in the
preset case of J Simon giving professional advise over the purchase of Villas in France to Ben,
Ella, Amelia and Harry. This can be clearly seen facts of the case that from beginning Harry and
Amelia have suspected the over the prices of the villas as too low and they asked for the criteria
of the price ascertainment (What are Legal Ethics and Professional Responsibility?, 2018).
James a partner in the company replied that they have dealt with number of such transaction and
the prices of the property have increased since its purchase. This can be seen the co was in
default for not abiding with this profession conduct as it did not conduct any investigation over
the property under the professional duty as well when as asked by the client.
Moreover, James also recommended one of his friend Peter to Harry and Amelia to raise
the mortgage for purchase of the Villa in France. For the same Peter gave James percentage of
the commission for referring clients to take from Peter's firm. Here, James did not act correctly
both in ethical as well as profession manner (Beriswill and et.al., 2016). Professionally the
organisation have a duty to act with integrity and best interest of the client and disclosing them
with all the material interest the business have in the transaction or deal with the client.
Moreover, after the payments for the villa the loan was cancelled which is an unethical conduct
on behalf of J Simmons and co. as they did not act in the beat interest of the clients and in order
to take personal financial benefits the ethical principles of reliability, responsibility and
efficiently were compromised. The rule of objectivity was discarded by the partner James as they
did not conduct any investigation over the presence of villas in France and they did not provide
any sufficient information to Ben, Ella, Amelia and Harry over the tile and existence of the land.
Furthermore, the breach of professional and ethical conduct was done by the J Simmons
and co as the company it directors and that of French Villas UK Ltd who owned the properties in
France were same. The facts were not disclosed to Ben, Ella, Amelia and Harry. This ca be seen
that it was a mere fraudulent act of selling the properties which do not actually exist while taking
the money form both the couples against the prices of Villas in France which they were not
actually sold (Sampford, 2016). This all depicts that the J Simmons and con was not practising
any professional and ethical conduct in its business and profession. The directors of the firm took
undue advantages from both the couples, Ben-Ella and Amelia-Harry. The company and its
directors breach almost all the rules of professional conduct which includes not separating
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personal and business interest, not acting in direction of the best interest of the client, non
compliance with legal and regulatory obligation, omission in disclosing personal interests in the
business transaction.
The company breached the principles and codes of legal ethics which includes partiality
in the business transaction, they did not communicate properly and honestly with their clients
that is both the couples. They did not try to avoid the conflict of business and personal interest as
the act of selling the Villas in France was a mere disguise to fraudulently receive the money from
the clients (Parsons, L., 2018). All this points out to one thing that the presenting and selling of
Villas in France at lower prices to Ben, Ella, Amelia and Harry was not done with professional
and ethical conduct by J Simmons and co and they are labile to face legal consequences.
Moreover, for the breach of the rule of professional conduct and principles of legal ethics they
can be sues by the innocent parties that is Ben, Ella, Amelia and Harry.
CONCLUSION
From the above essay it can be concluded that J Simmons and co was under the breach of
their professional conducts regarding the rules of code of conduct as well the ethical principles.
Firstly the Amelia and Harry were not informed about the financial interest in the transaction of
mortgage. Secondly they (Ben, Ella, Amelia and Harry) were not given any deed of title to
examine the authenticity of the purchase of Villa in France. Moreover, the co did not carry any
investigation over the doubts of the client Amelia and Harry over the prices of the houses. All
this has been categories as serious professional misconduct on the behalf of J Simmons and Co
and Ben and Ea are liable to sue the company. Moreover, Amelia and Harry can also sue them to
claim the interest and legal fees for the loan as it was recommended by a partner of company due
to his financial interest in the same.
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REFERENCES
Books and Journals
Beriswill, J.E and et.al., 2016. Professional development for promoting 21st century skills and
common core state standards in foreign language and social studies
classrooms. TechTreBeriswill, J.E and et.al., 2016.Sampford, C., 2016Parsons, L.,
2018nds. 60(1). pp.77-84.
Sampford, C., 2016. ‘Theoretical dimensions’ of legal education. In Law, Lawyering and Legal
Education (pp. 65-89). Routledge.
Parsons, L., 2018. Competitive Mooting: An Opportunity to Build Resilience Skills for Legal
Practice. Australian Journal of Clinical Education. 4(1).
Online
Code of conduct. 2018. [Online].Available through :<https://www.lawsociety.org.uk/for-the-
public/using-a-solicitor/code-of-conduct/>.
Principles of Professional Ethics. 2018. [Online].Available through
:<https://www.neafcs.org/principles-of-professional-ethics>.
What are Legal Ethics and Professional Responsibility?. 2018. [Online].Available
through :<https://hirealawyer.findlaw.com/choosing-the-right-lawyer/ethics-and-
professional-responsibility.html>.
Legal ethics. 2018. [Online].Available through :<https://www.britannica.com/topic/legal-
ethics>.
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