Level 4 Essay: Principles of Professional Legal Practice - BMLW4001

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This essay provides a detailed exploration of the principles of professional legal practice, focusing on the responsibilities and ethical considerations of solicitors within the UK legal system. It begins with an introduction to legal practices and their significance, emphasizing the importance of trust and ethical conduct. The main body delves into key aspects, including the SRA Code of Conduct, client care requirements, client confidentiality, conflicts of interest, risk and compliance, anti-money laundering due diligence, and issues of equality, diversity, and inclusion. The essay also examines the duties owed to clients, the court, and third parties. It provides context on the role of a solicitor, referencing relevant legislation like the Solicitors Act 1974 and the Treasury Solicitor Act 1876. The essay concludes by summarizing the crucial elements of effective legal practice and the importance of adhering to ethical standards to maintain public trust and ensure justice. The content highlights the evolving nature of legal practices, the importance of ethical behavior, and the various duties and regulations that shape the work of solicitors.
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Principles of Professional
Legal Practice
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INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
“It is essential that solicitors can be trusted to the ends of the earth”.........................................3
CONCLUSION................................................................................................................................7
REFRENCES...................................................................................................................................8
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INTRODUCTION
Legal practices these are those kinds of practices which makes attention, reflection and
evolution to be created over those kinds of practices that involve legal appreciation. In these
practices various aspects related to law is been covered. Such practices help in enhancing various
kinds of skills and knowledge over it. Such practices follow various principles which have been
specified through legislation formed. Principles of legal practices are based over ethics that is
handled upon making legal work conducted in more effective manner. Both legal principles and
legal practices help in smooth running of legal processes in more effective manner. Scope of
these practices and principles is wider in nature as they make changes possible with more
efficiency in the legal system. Further the essay covers about SRA Code of Conduct, Client care
requirements, Client confidentiality, Conflicts of interest, Risk and compliance, Anti-money
laundering due diligence, Equality, diversity and inclusion, Duties owed to the client, the court
and third parties.
MAIN BODY
“It is essential that solicitors can be trusted to the ends of the earth”
Solicitor is a legal practitioner which makes dealing upon legal matters that makes
jurisdiction to be done in more effective manner. Further solicitor is that person holding legal
qualification in relation to knowledge over law. This can be better understood with the help of
example like in England and Wales within which solicitor is been enabled over making practices
under the provisions mentioned within Solicitors Act 1974. Under it various kinds of exemptions
is been given in relation over practice to be done by solicitor over process mentioned within the
act for certification (Rogers, 2018). There are many more solicitors than barristers in England
and they undertake the general aspects of giving legal advice and conducting legal proceedings.
Under the jurisdiction of England and Wales in Northern Ireland they are called as attorneys.
Various other countries like New South Wales, Victoria, and Queensland, Hong Kong, South
Africa. Further in countries such as the Republic of Ireland, the legal profession is split between
solicitors, barristers and a lawyer will usually only hold one of the two titles. However, in
Canada, Malaysia, New Zealand, Singapore and the remaining Australian states and territories,
the legal profession is now for practical purposes "fused", allowing lawyers to hold the title of
"barrister and solicitor" and practice as both. Some legal graduates will start off as one and then
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also qualify as the other. In England and Wales before there has been creation of Supreme Court
within the Supreme Court of Judicature Act 1873. Solicitors were practicing over fairness within
the court of chancery and within common law courts. Also court based over Roman concepts
was used within Jurisdiction Act 1873. Further the act has made scope of practices and litigation
extended in more effective manner. Also there have been changes in the act between the year
1859, 1857 and 1873. In this reforms is been formed in relation over three branches which is
related over legal practices. Further 1873 the office of "attorney" and "proctor" in terms over
relating over legally qualifying persons. Then it is been replaced by "Solicitor of the Supreme
Court of England and Wales", except for the unique government offices of Queen's (or King's)
Proctor (now called "HM Procurator-General", a title generally held by the Treasury Solicitor),
and Attorney-General. Also it made House of lord become new Supreme Court of United
Kingdom and also provided jurisdiction to it over those cases which is of both civil and criminal
nature. It made Supreme Court of Jurisdiction in England and Wales with holding title based
upon "Solicitor of the Senior Courts of England and Wales". The term "attorney" is however
still used under English law to refer to someone legally appointed or empowered (who may but
need not be legally qualified) to act for another person. Currently, the term is most commonly
used to refer to someone so appointed under a "power of attorney". This may be a "general
power of attorney". A lasting power of attorney may be granted under the provisions of the
Mental Capacity Act 2005 (Scott, Baur and Barrett, 2017).
Some practitioners in specialist professions, notably intellectual property, are also
referred to as attorneys, for example registered patent attorneys, which is a separate qualification
to that of a solicitor. Then there has been formation of Solicitors Act 1974 by the Parliament of
United Kingdom which has been making governing over setting of regulations through
responsibility which makes practices in relation to solicitor been created by setting guidelines
over the firm they have been working for. Also it explains about conditions which have been
practicing as solicitor. Further it has set up powers which can be used by bodies governing
solicitors. In this purpose Solicitors Regulation Authority is been formed. The act has been
reserving over various activities in relation to solicitor which are preparing and lodging in
relation to certain documents which show charging of land. Certain probate functions and
litigation within open court. Different kinds of legislation has been formed which makes
solicitors deal over various kinds of laws and legal issues. This made individual attain right to
get solicitor in order to proceed with the trial process. The act made Solicitors Regulation
Authority which has helped in providing guidance based over working of solicitor. Examples of
regulation related to solicitor are Treasury Solicitor Act 1876 that has been formed over making
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establishment in relation to Treasury Solicitor over corporation sole and makes them legal
employees which makes department of Treasury exercise legal powers which has been given to
them within the act. Since the independency of judiciary it is an executive agency which comes
under the authority of Attorney General for England and Wales. Under it more than 1900
solicitors and barriers provided over advice in relation to legal representation over issues existing
within a government department. Further the acts lead over protecting of treasury within the
court which makes salary to be provided to solicitors of legal aid and other bar council members.
Also it is used for welfare of court. Solicitors Regulation Authority is based upon various kinds
of principles which makes rule of law formed in proper manner through making justice served.
This is the way which makes public trust and confidence over solicitor’s profession and legal
services provided through person authorized for it. Also they follow basic principles which show
independency, honesty and integrity served in proper manner. It has helped in encouraging
equality, diversity and inclusion. It seeks for interests of client which makes basis of providing
justice served in more effective manner. Also these principles lead over making justice related to
litigation served. Law firms and solicitors seeks upon providing services to its customers and
make various skills developed in relation over making clients attain satisfaction over services in
ideal manner. Caring about client is looking after them which make satisfaction created. In these
situations of client is required to be understood in more effective manner. Also it leads over
making delightful interaction attained in more effective manner. It helps in making solicitors
build trust in relation to customers. In this customer support is been gained by solicitor through
this solicitor understand about the case. Customer Experience is been enhanced by solicitor by
making satisfaction created. Client confidentiality is based upon information that is related to
client which makes privacy of client to be maintained. In relation over solicitor personal identity
of client is been protected. Solicitors should use only required information as per the case. These
are based upon AICPA Code of Professional ethics which included different scenarios involving
confidential related to client information and accountant to be treated. Also in this personal
information can be shared but only with clients consent. Then conflict of interest should be
avoided and solicitor should not focus on any kind of personal interest from the case. Solicitor
should been able to deal over any kind of risk that occurs before or after the trial. Risk in
advocacy involves is Contract risk which makes defining of possibility in relation over financial
loss happen in this contract over failure by baa organization makes management of obligation
possible. This is that kind of risk which involves makes solicitor develop risk of enquiry since
any illegal act leads over making license cancelled. Also these risks is been handled by council
of court. Such risk directly affects client’s relation with solicitor and makes case solving affected
in negative manner. Anti-money laundering due diligence is consider as another important thing
which is based upon making payment to solicitor with valid source. This can be achieved
through online payment, payment through bank account and cash payment. All clearance
regarding payment should be cleared to client before proceeding in any manner. Also certain
basic principles of anti money laundering should be followed in relation over self-regulatory
organizations or professional associations responsible for anti-money laundering compliance and
can be enforced against members also. The three statutory AML supervisors are HMRC, the
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Gambling Commission and the FCA (within which sits the Office for Professional Body AML
Supervision (OPBAS)) (Smyrnova, 2021).
Also there should be diversity which is required to made by the solicitor within its
working or while listening over client. Solicitor is not required to discriminate under any
condition. There should not be violation of any kind of discrimination law which has been
formed within UK. Further it has been set up in order to make solicitor attain more effectiveness
within advocacy. This makes goal of transparency achieved within the functioning of judiciary
and helps in getting legal services to clients of all kind. This is one of the most important part of
services provided by solicitors.
There are certain duties which solicitor is required to follow in relation to clients.
Solicitor provides client about information related to legal rights hold by client. Also solicitor
makes obligation over various kinds of aspects of case understood. As a solicitor it is required to
protect client from any unusual circumstances. Also the advocate is required over collecting of
evidence and witness in legal manner. Further Solicitor should not act in own interests and
should not make money from other party. Ethical code of conduct is required to be followed by
an solicitor for making discipline and order created within its working(Watson, 2019).
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CONCLUSION
From the above discussion it can be concluded that legal practices are those practices
which is based over those factors which helps in getting legal services availed in proper manner.
Further such practices make various kinds of legal activities to be conducted in smooth way by
solicitor. In this file things related to solicitors within United Kingdom is covered and act in
relation to this has been explained. Also various kinds of major points in relation to rules of
advocacy is been covered. In the end duties related to client and court is been covered.
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REFRENCES
Books and journals
Arslan, M and et. a, 2019. Investigation of factors affecting ethical decision-making process of
community pharmacists in professional life. Journal of Research in Pharmacy, 23(1).
Azadian, M and et. al., 2020. The barriers to observing professional ethics in the practice of
nursing care from nurses’ viewpoints. Clinical Ethics, p.1477750920959549.
Evans, W.G., 2019. Ethical principles. South African Dental Journal, 74(5), pp.260-261.
Hansen, J.J. and Dohn, N.B., 2019. Design Principles for Professional Networked Learning in
‘Learning Through Practice’Designs. In Networked Professional Learning (pp. 129-146).
Springer, Cham.
Joubert, Y., 2018. Fundamental Principles of Civil Procedure by Joubert, C. Theophilopoulos, C.
van Heerden and A. Boraine. Journal of South African Law/Tydskrif vir die Suid-
Afrikaanse Reg, 2018(2), pp.464-466.
Laraque-Arena, D., 2021. Operating Principles and Competencies for Engagement in
Global/Local Settings. Pediatric Clinics.
Rogers, L., 2018. Ethical, legal and professional issues. Foundation Studies for Caring: Using
Student-Centred Learning, p.65.
Scott, K.M., Baur, L. and Barrett, J., 2017. Evidence-based principles for using technology-
enhanced learning in the continuing professional development of health professionals.
Journal of Continuing Education in the Health Professions, 37(1), pp.61-66.
Smyrnova, K., 2021. Europeanization of Competition Law: Principles and Values of Fair
Competition in Free Market Economy in the EU and Association Agreements with
Ukraine, Moldova, and Georgia. In EU External Relations Law (pp. 163-176). Springer,
Cham.
Watson, C., 2019. Administrative Law in Practice: Principles and Advocacy. Can. L. Libr. Rev.,
44, p.24.
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