Legal Practice: Principles of Professional Conduct Report - BMLW4001

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This report provides a detailed overview of the principles of professional legal practice, focusing on the SRA code of conduct and its implications for solicitors. It explores key aspects such as client care requirements, emphasizing the importance of maintaining client confidentiality and managing potential conflicts of interest. The report further examines the solicitor's duties concerning anti-money laundering due diligence, equality, diversity, and inclusion, highlighting the ethical responsibilities towards clients, the court, and third parties. The conclusion summarizes the ethical guidelines and responsibilities that are essential for solicitors to uphold, including maintaining public trust, ensuring fair treatment, and adhering to legal and professional standards.
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Principles of
Professional Legal
Practice
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Table of Contents
INTRODUCTION.......................................................................................................................................3
MAIN BODY..............................................................................................................................................3
CONCLUSION...........................................................................................................................................7
REFERENCE..............................................................................................................................................8
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INTRODUCTION
The principle of professional legal practice implies all the important norms and
regulations which has to be followed when a person standing to deal with any client or party.
This implies all the privilege and confidentiality that should be maintained as in the core of legal
behaviour and approach. As it helps out to maintain and regulate all the legal practices with
various methods that are being operated by the lawyers in the professional conceptions and also
provides the administration of justice with all the factors and nature (Ryder and Pasculli, 2020).
This essay will cover the main principle of SRA code of conduct, requirements of client with its
confidentiality and also the conflicts of interest the legal matters. It will also cover anti-money
laundering due diligence and all the Equality, diversity and the duties that are being owned by
the client in the court.
MAIN BODY
Main principle of SRA code of conduct are mainly all the fundamental methods through
which ethical norms and behaviour can be regulated. It covers all the legal services through
which the individuals can be authorized and various organisations and firms can be tend to be
authorized by the managers and employees. It helps out to maintain the licensed body and for all
the people who used to apply for such things is being regulated under it. As the principle is being
made to maintain the safety of public interest and also to maintain the public confidence on the
legal matters with transfer the solicitors.
There are some important principles which are to be followed while attaining SRA they
are like the person should act in a way through which they should uphold all the public trust and
also maintain the confidence in the profession of legal services and solicitors, the legal person
should always try to maintain the constitutional principles and all the rule of law provisions
while administrating the justice, they should try to implement the independence of their
behaviour with proper honesty and also integrity, there should be proper equality, inclusion and
diversity among the person who is trying to give a decision as they should encourage such type
of behaviour, and with that they should be given a best interest for all the client and there should
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be a fair and equal treatment that is to be maintained for them (Dean and Hartrick, 2020). It is
mainly being made so as the trust of the clients in the person on the legal areas should be
maintain and they should feel safe and effective while coming to the quotes and it is the sole duty
of all the persons to behave according to the laws and also favored to the clients interest by not
doing any discrimination.
Client care requirements is mainly the requirements that are being made in SRA code of
conduct through which various standards and regulations can be made in order for the relevant of
client care. It implies to all the circumstances and the needs that a client can get as all the persons
who are dealing with the client as in a legal way will have to follow such care while handling the
matters they are like for management and try to maintain the confidentiality with all the sharing
of fees and the general introduction that are being given for the third parties (Moorhead, 2018). It
also covers various findings and cost in the complaint that is being made by the client with
certain instructions that are being refused and the seizing of certain acts with the complaints
which raised are being covered in it they should be made a proper norms and ethics to be
followed by the person not to determine the place and comply with the regulatory requirements
that are being needed in the forms. As client care is mainly the skill in order to ensure the client
will feel satisfied with all the services status being given by the lawyers and the legal
professionals and they used to ideally work on the request and the recommendation that are
being made by them. They should behave with all the code of conduct and the legal manner.
Client confidentiality implies as the Client used to go to the lawyers and all the areas in
order to get the proper advice regarding various matters and issues. The confidentiality is mainly
the information that is been given by the client should not be made to public as it should be kept
as a top secret in order with various strategies in the nature. All the legal advices with the certain
matters that covers out the parties and the litigations that are being contemplated (Reymond-
Eniaeva, 2019). As it is important that all the data and the relevant information that is being
given by the client should be kept as a record as their personal information and will not be given
to any other person without the clients permission with the code of conduct it is important that
there should not be any discrimination regarding to the confidential information as it is being
made by the express consent of the party in the communication between the lawyers and the
clients will be made as an actual and will be treated as a legal which can’t be shared with
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everyone which helps out to generate a trust between the individual and the legal professional as
it is the ethical and moral code of conduct that no person can thereby share any other persons
relevant information or a confidential secrets that has been told by them. It pertains out to fulfil
all the requirements of code of conduct with SRA requirements. Thus, All the confidentiality
should be maintained and the personal information either being given in our data or through
vocal manner should not be shared with any other person without the individual or clients
consent it provides that equal treatment should be given to all the person and no other persons
should gain to develop any such activities which will amount to frame the illegality of any
matter.
Conflicts of interest is defined as all the conflict that has been a rise between the private
interest and the opposition between any professional responsibilities in a person for various
reasons like authority, trust or power. These are mainly the situations in which financial,
personal or any other considerable areas of potential being influenced and that need it out to be a
professional judgment through various research, instructions, consultation And professional
activities. All such interest you should it picks the awareness and enhancing judgments that are
being given by the professional influencers through the SRA it is the duty as in which all the best
interest can be made out so that the clients cannot face the conflicting situations in a proper
significant risk can be taken out in order to avoid conflicts (Zharikov, 2019). The legal
professionals should try to communicate with the clients in order to behave in a personal interest
and try to maintain and remove the risk and the conflicts regarding the financial interest or any of
the personal business relationship with certain rules or conduct being given by the employees.
There are various conflicting areas in the interest and all of them act as separate duties and are
intended to be made with various concerns. It depicts out that the major areas the person can
cover out is through the contracts and agreements through which the relevant information and
interest can be fitted in so all the legal professional should try to follow the norms.
There are several kinds of risk and compliances which are solicitor bound under their
code of conduct. The solicitors must comply with them so that they can have an effective
structure of governance and also their practices are ethical. The solicitors must comply with all
the rules and regulations relating to their profession. All the managers, holders of the interest and
employees working for them must also follows such rules and regulations (Mbayiwa, 2019). The
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solicitors are expected to comply with their duties and obligations stated in the SRA code. Even
if any work of the solicitor is carried out by any third party, solicitor will be held liable for their
actions, which also includes managers and the employees. It is duty of the solicitor to monitor
their finances and its stability which they have to comply so that they can wind down their
activities in case they cease to operate. The solicitors also manage, monitor and find out about all
the risk that may arise to its profession while carrying out any of the activity.
Money laundering is considered as the most high-risk activity in the United Kingdom
due to number of cases. Money launderers are now a days also known to be attracted to the law
firms and solicitors because of the expertise they offer and the place of confidence they possess.
Another reason is that solicitors who are engaged in high profile clients also are the targets. As a
result, solicitors play a critical role in addressing this said danger of money laundering and are
also legally obligated to do so under their regulations or code of conduct (Ellison, 2018). It is
therefore important that the solicitor indulge in activities where there may be risk of money
laundering must keep due diligence. They must always keep check on their accounts and conduct
audit on periodic basis so that even the employees do not commit any such kind of crime. This is
against the ethics of the solicitor.
All the work and activities being performed, solicitors prioritize equality, diversity, and
inclusion. They are dedicated to respecting all fairly and respectfully. They want to build a
welcoming workplace where employees are treated equally without any inequality and where
they can be themselves. Solicitors always strengthen their jobs by eliminating and improving the
differences if any. It enables them to become an important regulator of such an overwhelmingly
diverse community and field (Abbey and Richards, 2017). It is therefore important that the
solicitor who are the one people trust them with their lives, shall not engage themselves in any
kind of activity that do not encourage equality and diversity. Every individual are to be treated
equally irrespective of color, age, sex, race, etc.
The duty of any solicitor is not limited to their clients but also extend to that of the court
and to the third party. It is duty of the solicitor to fight client’s case honestly without deceiving
them but it is also duty of the solicitor to see that such case is not won fraudulently or by means
of any dishonest technique. It is the duty of the solicitor towards the court that they do not
deceive the court in any manner and follow their order without deceiving the court. Solicitor
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cannot abuse or mislead the court in any case matter just to make his client win the case. The
practices carried out in the court is supposed to be without any fraud or misdeed (Bamford,
2018). Therefore, solicitors have duty to maintain such behaviors which is expected from them in
this regard. Also the solicitors have duty towards the third party or the society in general.
Solicitors must avoid themselves getting indulge in any unethical litigation practice.
CONCLUSION
It is concluded from the above discussion that the, solicitors are majorly tasked with the
assisting of the individuals at various stages of their lives. Solicitors basically work with all those
people from all walks of life so as to secure the interests of the weak and also to promote
enterprise and economic development. They seek to develop various principles that represent
solicitors' civil, moral, as well as ethical responsibilities towards the clients, the judiciary, the
public, and others who are already in the legal profession. Solicitors have long followed ethical
guidelines. However, the Law Society recognized that a concise description explaining the
requirements would be beneficial, since it would be easier to interpret and available to all
solicitors and their customers. It is mandatory for the solicitors to follow the rules and
regulations made specifically for the solicitors so that they personally don’t end up in any legal
troubles.
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REFERENCE
Abbey, R. and Richards, M., 2017. Property Law 2017-2018. Oxford University Press.
Bamford, K., 2018. Legal Foundations 2018/2019. College of Law Publishing.
Dean, K. and Hartrick, A., 2020. The Courtroom. Assessing Mental Capacity: A Handbook to
Guide Professionals from Basic to Advanced Practice, p.20.
Ellison, R., 2018. Red tape: Managing excess in law, regulation and the courts. Cambridge
University Press.
Mbayiwa, M., 2019. Diversity in inpatient care. Oxford Textbook of Inpatient Psychiatry, p.263.
Moorhead, R., 2018. Ethics and NDAs: A CELs Think Tank Report. Centre for Ethics and Law,
UCL Faculty of Laws.
Reymond-Eniaeva, E., 2019. Persons Subject to the Duty of Confidentiality. In Towards a
Uniform Approach to Confidentiality of International Commercial Arbitration (pp. 29-
113). Springer, Cham.
Ryder, N. and Pasculli, L. eds., 2020. Corruption, Integrity and the Law: Global Regulatory
Challenges. Routledge.
Zharikov, A., 2019. Conflicts and ethics in international arbitration. Arbitration: The
International Journal of Arbitration, Mediation and Dispute Management, 85(1).
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