Ethics and Professional Conduct, Chapter 1, Principle 7: Act in the best interests of each client (8 September 2022)

UPDATE ONE (8 September 2022)

On 30 August 2022, the Solicitors Regulation Authority (SRA) published new guidance for solicitors on their ethical and professional obligations during the industrial action taken by the Criminal Bar Association. The guidance reminds solicitors that during this time they must continue to act in their client’s best interests (Principle 7 of the SRA Principles). Solicitors also have a duty to uphold the constitutional principle of the rule of law and the proper administration of justice (Principle 1), as well as a duty not to waste court time (para 2.6, SRA Code of Conduct for Solicitors, RELs and RFLs).

Solicitors are guided to:

• Contact as many chambers or firms as practicable to find another suitable barrister or solicitor advocate.
• Ensure that difficulties are explained to the court and the prosecution at the earliest opportunity to assist with proactive case management.
• Use their firm’s solicitor advocates, if they have any, where they have the skills and resources to take the work on.
• Assist the client to represent themselves as best they can if they are unable to locate an advocate and the court is unwilling to adjourn.

Solicitors are advised to be considerate of the industrial action taken when accepting new instructions to allow clients to make an informed decision.

FURTHER INFORMATION

For more information, see www.sra.org.uk/solicitors/guidance/duties-during-action-criminal-bar-association/

RELEVANCE TO YOUR SQE1 ASSESSMENT

This update demonstrates the importance of maintaining a working knowledge of your ethical and professional obligations under the SRA Code of Conduct. Whilst it is unlikely that you will receive an MCQ on the industrial action taken by criminal barristers and a solicitors professional obligation in response to such action, the update reminds you of the need to remain vigilant of changes in the law and guidance that may affect the professional and regulatory environment that you work in.