Start Exam – Future Solicitor

Category: Ethics

A solicitor acts for a client who is found guilty of shoplifting. The client asks the solicitor to present a plea in mitigation on her behalf. At the hearing the client gives the court a false address and date of birth in order to conceal the fact that she has previous convictions. Which of the following statements best describes what the solicitor should do?

Cease to act immediately.
Not refer to the client’s character or previous convictions.
Immediately correct the information about the client’s address and date of birth without further reference to the client.
Not refer directly to the client’s previous convictions but imply that she is of good character.
Ask the client to correct the information about her address and date of birth and if she refuses cease to act.

Category: Ethics

A solicitor supplements his income with buy-to-let flats. The solicitor decides to sell one of the flats and use the capital for another investment. One of the solicitor’s clients offers the full asking price for the flat and the solicitor accepts his client’s offer. In the full knowledge that the solicitor is the seller, the client instructs the same solicitor in writing to act as his solicitor in the transaction. The solicitor accepts the instruction and prepares all the documents. The transfer is completed without complications.

Yes, because a solicitor can act where there is an own interest conflict if he has received written consent from the client.
Yes, because a solicitor can act where there is an own interest conflict if he is satisfied it is in his client’s best interests.
Yes, because a solicitor can act where there is an own interest conflict if the solicitor and the client have a substantially common interest.
No, because a solicitor cannot act if there is an own interest conflict unless the solicitor and the client are competing for the same objective.
No, because a solicitor cannot act if there is an own interest conflict or a significant risk of an own interest conflict.

Category: Ethics

A disabled employee at a firm of solicitors has requested that the firm buy some computer software for him to use at work. This software enables a person with the employee’s disability to use a computer more effectively. The partners in the firm want advice on their obligations under the Equality Act 2010 (‘the Act’).What must the partners in the firm do to meet their obligations under the Act?

They must make substantial adjustments to ensure that the disabled employee is not placed at a disadvantage compared to those who are not disabled.
They must make reasonable adjustments to ensure that the disabled employee is not placed at a substantial disadvantage compared to those who are not disabled.
They must make adjustments to ensure that the disabled employee is not placed at a significant disadvantage compared to those who are not disabled.
They must make significant adjustments to ensure that the disabled employee is not placed at a disadvantage compared to those who are not disabled.
They must make adjustments to ensure that the disabled employee is not placed at an unreasonable disadvantage compared to those who are not disabled.

Category: Ethics

A solicitor is advising a client on an employment contract in respect of a position that the client has been offered in a start-up company. The client currently has a permanent position at an established company. The following day the solicitor sits next to a new acquaintance at a golf club dinner. The new acquaintance tells the solicitor that he is concerned that the business he works for is bound for financial failure because its key customer is to be taken into receivership shortly. The new acquaintance then tells the solicitor the name of the business he works for. Much to the solicitor’s surprise it is, by coincidence, the start-up company. Is the solicitor obliged to inform the client of the reported concerns about the financial prospects of the start-up company?

No, because the information was obtained in the course of the solicitor’s personal life and therefore does not impact on his professional obligations.
No, because the duty of confidentiality overrides the duty of disclosure.
No, because information obtained from clients must be kept confidential unless disclosure is required or permitted by law or the client consents.
Yes, because the information is material to the client’s matter.
Yes, because the duty of disclosure overrides the duty of confidentiality.

Category: Ethics

You are acting for the defendant in a large litigation matter and three days before the start of the trial you are accidentally sent an email by the claimant’s solicitors which contains confidential information regarding their case. What should you do?

Quickly read the documents and then send it back to them pretending that you haven’t.
You immediately share it with your colleagues as the information in it will help you at trial and you have to act in the best interests of your client.
Send it back to the claimant’s solicitor without reading the documents.
Delete the email and pretend you never got it.
Ask your client if they want you to read it and do what they say.

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