Ethics and Professional Conduct
A solicitor's father runs his own surveying company. A client contacts the solicitor to represent her in a lawsuit against the company because of a survey that failed to identify defects in her newly purchased property. Despite being aware of the family connection between the solicitor and the surveyor, the client signs a written authorization allowing the solicitor to continue representing her. The solicitor accepts the instruction and prepares the case, which goes to court. The client wins and the surveyor is ordered to pay compensation.
Did the solicitor act in compliance with the SRA Standards and Regulations?
A solicitor's father runs his own surveying company. A client contacts the solicitor to represent her in a lawsuit against the company because of a survey that failed to identify defects in her newly purchased property. Despite being aware of the family connection between the solicitor and the surveyor, the client signs a written authorization allowing the solicitor to continue representing her. The solicitor accepts the instruction and prepares the case, which goes to court. The client wins and the surveyor is ordered to pay compensation.
Did the solicitor act in compliance with the SRA Standards and Regulations?
No, because a solicitor cannot act if there is an own interest conflict or a significant risk of an own interest conflict.
(E) Due to the family relationship, the solicitor should recognize that there is a conflict of interest and refrain from acting.
It is important to note that there is an absolute prohibition on acting in such circumstances, making options (A), (B), (C), and (D) incorrect.
Furthermore, options (C) and (D) are incorrect because the exceptions of 'substantially common interest' and 'competing for the same objective' only apply to conflicts that arise between clients.
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