FLK1 · SQE1 module
Legal Services
This subject is tested through ethical dilemmas rather than abstract rules: a short scenario, and a question about what a solicitor is permitted or required to do.
The SRA Principles and the requirement to act in the best interests of each client are the anchor points most questions are built around.
What this module covers
Every section of Legal Services, in the order the course teaches them. This is the whole syllabus for the module, not a selection. Open a section to read the topics inside it.
The Seven SRA Principles3 topics
- The seven Principles
- Where two Principles conflict
- Personal responsibility for compliance
Structure of the SRA Standards and Regulations1 topic
- The two Codes of Conduct
Acting in the Client's Best Interests and Competence2 topics
- Instructions, service and best interests
- Maintaining competence and keeping up to date
Own-Interest Conflicts (Code para 6.1)2 topics
- What an own-interest conflict is
- A gift of significant value in a will
Client Conflicts and the Two Exceptions (Code para 6.2)3 topics
- What a client conflict is
- Conflicts imputed to the firm, and timing
- Professional embarrassment
Confidentiality (Code para 6.3)4 topics
- The duty to current and former clients
- Confidentiality and legal professional privilege
- Disclosure to prevent harm
- Where disclosure is required or permitted by law
The Duty of Disclosure and Its Limits (Code para 6.4)2 topics
- Making the client aware of material information
- Information barriers
Duty to the Court and Not Misleading3 topics
- Not misleading clients, the court or others
- Conduct in disputes and proceedings
- A guilty plea despite a private denial
Undertakings (Code para 1.3)3 topics
- The duty to perform an undertaking
- Binding even when not in funds
- Drafting and enforcement
Not Taking Unfair Advantage; Fair Treatment1 topic
- Abuse of position and unfair advantage
Client Money and Assets: The Individual Code Duties2 topics
- Safeguarding money and assets
- Not personally holding client money
Client Care and Costs Information (Code paras 8.6-8.7)3 topics
- The best possible information on price
- Information the client can understand
- Identifying who you act for
Complaints Handling and the Legal Ombudsman3 topics
- The complaints procedure
- The Legal Ombudsman: time limits and awards
- The SRA Compensation Fund
Referrals, Fee Sharing, Financial Benefits and Publicity3 topics
- Referral fees
- The annual return
- Publicity and unsolicited approaches
Co-operation, Reporting and Accountability3 topics
- Co-operation and reporting duties
- What makes a breach serious
- Being honest and open when things go wrong
SRA Code of Conduct for Firms; COLP and COFA4 topics
- Responsibility of the firm and its managers
- The two compliance officers
- How the Accounts Rules fit in
- Firm notifications and annual reporting
Regulatory Framework: Legal Services Act 20078 topics
- The nine regulatory objectives
- The six reserved legal activities
- The Legal Services Board and approved regulators
- The Legal Ombudsman and the SRA compared
- Freelance solicitors and reserved activities
- Financial Conduct Authority machinery in context
- The SRA’s fining powers and their limits
- Intervention, practising conditions and the Tribunal
Financial Services: FSMA 2000 and Exempt Professional Firm Regime12 topics
- The general prohibition
- What makes an activity regulated
- The specified activities
- Specified investments and their carve-outs
- The exclusions
- The exempt professional firm route
- The regulators and the twin peaks model
- Insurance distribution mechanics
- Takeover and authorised person exclusions
- Scope rules and prohibited activities
- Status disclosure and execution-only business
- The two limbs of the incidental test
Anti-Money Laundering: POCA 2002 and the MLR 201713 topics
- The three principal offences
- Suspicious activity reports, the nominated officer and tipping off
- Customer due diligence
- Prejudicing an investigation
- Deemed consent and the moratorium period
- The regulated sector and the stages of laundering
- Who is an independent legal professional
- Further features of the principal offences
- The threshold amount exemptions
- Privileged circumstances
- Nominated officer mechanics
- Triggers, timing and record retention
- Where due diligence cannot be completed
Equality and Non-Discrimination (Equality Act 2010)1 topic
- Discrimination, harassment and victimisation
Funding of Legal Services5 topics
- Private funding, conditional fees and damages-based agreements
- Where a conditional fee agreement cannot be used
- Third-party funding and legal aid
- Criminal legal aid: means and interests of justice
- Money on account and fixed fees
Separate Businesses2 topics
- Owning or working in a separate business
- Not holding a separate business out as regulated
The Retainer, VAT-Inclusive Costs Default and Freedom to Decline Instructions3 topics
- What the retainer is
- A quoted fee is treated as tax inclusive
- Freedom to decline instructions
SQE1 Application Notes for Ethics (Pervasive Testing)1 topic
- Ethics is examined across every subject
A real question from this module
Answer it before you decide
FLK1 · Legal Services
Question
A solicitor is asked to act for a client purchasing a business. The solicitor’s spouse is the seller and stands to receive the sale proceeds personally. Both the buyer and seller are sophisticated commercial parties who are content for the same firm to act, and no confidential information is at risk. What must the solicitor do?
