Chapter 6 Self-test questions

. Imagine it is 1955. You are being sued for libel. How would the mechanics of your legal representation work?

You would instruct a barrister who would represent you in court.

You would instruct a solicitor who would represent you in court.

You would instruct a barrister, who would obtain vital evidence and contact witnesses before engaging a solicitor, who would represent you in court.

You would instruct a solicitor, who would obtain vital evidence and contact witnesses before engaging a barrister, who would represent you in court.

. Imagine it is the present day. You are being sued for libel. How would the mechanics of your legal representation work? Choose the wrong answer.

You would instruct a barrister who would represent you in court.

You would instruct a solicitor who would represent you in court.

You would instruct a barrister, who would obtain vital evidence and contact witnesses before engaging a solicitor, who would represent you in court.

You would instruct a solicitor, who would obtain vital evidence and contact witnesses before engaging a barrister, who would represent you in court.

. The nature of legal services has reflected society and politics. Below are listed four stages of this development. Which option most accurately reflects the correct order?
I) Increasing liberalisation in line with free market thinking.
II) Monopolisation and standardisation as a reaction to the needs of a growing state.
III) Formalisation to reflect the growth of the early modern state.
IV) Ad hoc creation of roles within a gradually developing country.

IV, III, II, I

I, II, III, IV

IV, II, III, I

IV, III, I, II

. Which of the following is not a growth sector of the legal market?

Alternative Business Structures

'High Street' Firms

Large City Firms

Cloud-based legal services

. This question is an example of an ethical question faced by solicitors. To answer it accurately you would need a basic understanding of the Solicitors' Codes of Conduct. The authors assume that you do not have this knowledge.

If you do not get the correct answer, do not worry, as the purpose of the question is to illustrate the sorts of issues which you might face as a lawyer, rather than to test your knowledge.

You act for the executors of James deceased. Included in the estate is a house which you would like to buy.

Which option is correct?

There is no conflict of interest and you can act.

This is a conflict of interest with your client. You cannot buy the property while acting for the executors, unless it is reasonable to do so and the executors give informed consent.

There is a conflict of interest with your client and you cannot act under any circumstances.

. This question is an example of an ethical question faced by solicitors. To answer it accurately you would need a basic understanding of the Solicitors' Codes of Conduct. The authors assume that you do not have this knowledge.

If you do not get the correct answer, do not worry, as the purpose of the question is to illustrate the sorts of issues which you might face as a lawyer, rather than to test your knowledge.

You are a solicitor acting for Judy in litigation proceedings and are doing the advocacy work yourself. Judy is giving evidence and you become aware that her evidence is untrue.

You must inform the court, even if Judy does not consent.

You must take instructions from Judy but if she does not consent to you informing the court, you can proceed and there is no duty to inform the court.

There is no need to take instructions from Judy nor is there a duty to inform the court.

You should probably take instructions from Judy. If she does not consent to you informing the court, you should probably withdraw from the case and cease to act.

. This question is an example of an ethical question faced by solicitors. To answer it accurately you would need a basic understanding of the Solicitors' Codes of Conduct. The authors assume that you do not have this knowledge.

If you do not get the correct answer, do not worry, as the purpose of the question is to illustrate the sorts of issues which you might face as a lawyer, rather than to test your knowledge.

You are a sole practitioner who specialises in personal injury litigation. You are considered an expert in your field. However, you are already overworked and are struggling to keep up with your existing caseload.

You are approached by a large American company, which wishes to bring an action for a breach of one of its patents. You consider that this work would be very lucrative for you. Should you take on this work?

Yes, you should take the work, because you are an expert in the area.

No, you should refuse instructions because, despite your expertise, you cannot act in the best interests of the client in the time available.

You should advise the client that you are overworked but will do your best.

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