Conflict between SRA Principles: the wider public interest prevails over the client's interests
Ifeoma Chukwu is a solicitor in an SRA-authorised firm in England and Wales, acting for a defendant in a county court claim. At a hearing next week her client wants her to tell the district judge that he was abroad on the date of an alleged meeting. The client has already admitted to Ifeoma, in a privileged conversation, that he was in London that day and attended the meeting. He says that acting in his best interests means saying whatever helps him win.
Which of the following best states how Ifeoma must resolve the tension between the SRA Principles in this situation?
Choose one answer to see the reasoning.
Worked answer
Correct answer B: The Principles protecting the public interest, including the rule of law and the proper administration of justice, take precedence over her client's interests.
THE RULE TO REMEMBER
Where the SRA Principles conflict, those safeguarding the wider public interest (including the rule of law and the proper administration of justice) take precedence over an individual client's interests.
Conflict between SRA Principles: the wider public interest prevails over the client's interests
The introduction to the SRA Principles states that, should the Principles come into conflict, those which safeguard the wider public interest (such as the rule of law and public confidence in a trustworthy solicitors' profession) take precedence over an individual client's interests. Principle 1.1 requires Ifeoma to act in a way that upholds the rule of law and the proper administration of justice, and Principle 1.4 requires honesty. Putting forward an account she knows to be false would mislead the court. Principle 1.7 (the client's best interests) gives way here. Confidentiality still applies, so she must not reveal what her client told her, but she cannot advance a case she knows is untrue. She should explain this to the client, and if he insists she would have to stop acting.
Why A is wrong: The best interests Principle does not override the Principles that protect the administration of justice; the SRA expressly ranks the public interest Principles higher.
Why C is wrong: The SRA does not treat the Principles as equal in conflict; the public interest Principles take precedence, and recording reasons does not change that.
Why D is wrong: There is no procedure requiring an SRA ruling before acting; the solicitor applies the stated order of precedence herself.
Why E is wrong: Confidentiality stops her revealing the admission but does not permit her to put forward a case she knows is false to the court.
A little more practice done.
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