PPC2 Professional Responsibility flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Practising certificate

An annual authorisation issued by the Law Society of Ireland permitting a solicitor to practise; practising without a current certificate is a criminal offence and a disciplinary matter.

Solicitors Disciplinary Tribunal

An independent tribunal that hears allegations of misconduct against solicitors in Ireland and reports its findings and recommended sanctions to the High Court, which makes the final order.

Legal Services Regulatory Authority

The statutory body established under the Legal Services Regulation Act 2015 that handles complaints about inadequate legal services and oversees the provision of legal services in Ireland.

Professional indemnity insurance

Compulsory insurance cover that a practising solicitor must maintain; lack of qualifying cover prevents the issue of a practising certificate and breaches regulatory obligations.

Enrolment on the roll

The formal entry of a solicitor's name on the roll of solicitors maintained under the Solicitors Acts; it is a separate status from holding a current practising certificate.

Traineeship requirement

A period of supervised in-office training, generally twenty-four months full time with a practising solicitor, which must be completed before admission as a solicitor in Ireland.

FE1 examinations

The Law Society's entrance examinations in core legal subjects which a candidate must pass, or be exempted from, before beginning the professional practice courses.

Character and suitability

The assessment of an applicant's honesty and fitness to be a solicitor, taking account of criminal convictions, bankruptcy or insolvency, and prior disciplinary findings before admission.

Letter of engagement

A written statement given to the client at the outset setting out the scope of the work, the basis of fees, and the person responsible for the matter.

Retainer

The contract between solicitor and client that defines the work to be done, the basis on which fees are charged, and the solicitor's authority to act on the client's behalf.

Implied authority

Authority to take steps that are incidental and usual in conducting a matter, such as routine correspondence, but not to settle litigation or compromise a client's claim.

Withdrawal from representation

Ending the retainer, which a solicitor may do only for good cause and on reasonable notice, taking care not to prejudice the client's position or leave the matter unprotected.

Concurrent conflict of interest

A situation where acting for one client would be directly adverse to another current client, which is prohibited unless both clients give informed written consent.

Former client conflict

Arises where a solicitor or firm holds confidential information from an earlier retainer that is material to a new matter adverse to that former client.

Informed consent

Agreement given by a client after full disclosure of the relevant facts, risks and alternatives, including the implications of a conflict, so that a real choice is possible.

Imputed disqualification

The rule that a conflict affecting one lawyer in a firm is treated as affecting the whole firm, so that the firm must decline or cease the retainer.

Legal advice privilege

Protection for confidential communications between a client and legal adviser made for the dominant purpose of giving or receiving legal advice; only the client may waive it.

Litigation privilege

Protection for confidential communications or documents created for the dominant purpose of contemplated or pending litigation, extending to communications with third parties such as experts and witnesses.

Crime-fraud exception

The principle that communications made to further a crime or fraud are not protected by privilege, so a solicitor may disclose where necessary to prevent or report the wrongdoing.

Confidentiality duty

The ethical obligation not to reveal information about a client's affairs acquired during the retainer, continuing after the retainer ends and after the client's death.

Competence

The duty to act only in matters where the solicitor has, or can acquire through research and supervision, the knowledge and skill reasonably required to protect the client.

Client with diminished capacity

A client whose decision-making is impaired; the solicitor should take instructions as far as possible, act in the client's best interests, and seek court assistance if needed.

Duty to keep informed

The obligation to explain the progress of a matter, respond promptly to queries, and report material developments so the client can make properly informed decisions.

Supervision of staff

The solicitor's responsibility for work delegated to trainees and support staff; delegated tasks must be adequately instructed and supervised, and the solicitor remains accountable.

Client account

A bank account designated for holding client money, kept separate from the solicitor's office account and operated in accordance with the Solicitors Accounts Regulations.

Undertaking

A personal and binding promise given by a solicitor, often to a third party, which must be honoured and should be given only where the solicitor controls performance.

Solicitor's lien

The right to retain client documents or funds until outstanding costs are paid, subject to the court's power to order release where needed for the client's defence.

Bill of costs

An itemised statement of the charges due to a solicitor, which the client may have reviewed by the appropriate court officer where the amount is disputed.

Duty to the court

The overriding obligation of honesty and candour owed to the court, which prevails over the client's instructions and requires prompt correction of any misleading statement.

Anti-money laundering reporting

The obligation to identify clients, scrutinise transactions and report suspicious activity to the authorities, without tipping the client off that a report has been made.

Contact with represented party

A solicitor must not communicate directly about the matter with a party known to be legally represented unless that party's lawyer, or the party, consents.

Assisting a fraud

A solicitor must refuse instructions, or withdraw, where the client's purpose is to use the solicitor's services to perpetrate a fraud or other form of dishonesty.