Acing the SQE/QLTS Sample

Answers and Explanations

Question 1

FLK1/2: Legal Ethics

The correct answer is A. Tell the court about the recent case.

1. Duty to the Court Overrides Client Interest: Solicitors have a paramount duty to uphold the integrity of the legal system and not mislead the court. Under the Solicitors Regulation Authority (SRA) Principles, solicitors must prioritize the "proper administration of justice" (Principle 1) and act with integrity (Principle 2), even if doing so may disadvantage their client.

2. Materiality of the Case: If the recent case is binding or highly relevant to the legal issues at hand, the solicitor cannot withhold it, as this would allow the court to proceed on an incomplete or incorrect understanding of the law. Failing to disclose such a precedent could compromise the fairness of the trial.

3. Client Instructions Are Secondary: While solicitors must act in the client’s best interests (Principle 4), this cannot override their duty to the court. The client cannot instruct the solicitor to withhold material legal authorities, and the solicitor must not collude in misleading the court (even by omission).

4. Other Options Are Incorrect:

B. (Present arguments without the case) would involve misleading the court.

C. (Cease to act) and **E** (Suggest alternative representation) are unnecessary unless a conflict arises that prevents compliance with professional obligations.

  - **D** (Follow client’s instructions) ignores the solicitor’s overriding duty to the court.

Thus, the solicitor must inform the court of the recent case to ensure the trial’s fairness and uphold their ethical obligations.