Trust Irregularity

Decent Essays

Due to the importance of the value of covenantal integrity, I would want to preserve the confidence of my client if at all possible. The principle of confidentiality forms the basis of the community's trust in the legal system and it is also underscored by the common law.

The first matter that I will consider is that there is a real likelihood of a trust irregularity in the accounts of Howard Craven, as he would have fraudulently received monies from the Financier on behalf of Daniel. consider that I have no discretion as far as the expected trust irregularity is concerned and here I will disclose to the relevant authority, being the Law Society. I will explain to my client that I have no option in the matter.

I would also to solve my client's …show more content…

I am able to utilise the reasonable excuse by calling upon legal privilege as the information came to me as a result of a bona fide seeking of advice by my client. I will explain that the Fidelity Fund will reimburse any losses if Craven is unable to repay the funds or restore the trust property. I will explain to my client that it would be best if I disclose the material to the Police, as that could make it easier for Howard to be convicted of fraud and for a payout to occur to my client. In the final instance my decision will be to disclose. I will attempt to first obtain the approval from my client. I will also take into account in exercising my discretion my discussion with my supervisor and I have the ethics help line or the Senior Lawyers YYYY at the law society.

I will inform my client that I have a duty to declare the expected trust irregularity and that I have to do so despite the confidential nature of the discussion, because legal privilege is not expressly excluded from the provision.

I realise that there will be impact in the sense that Marcus Craven would unhappy and may even be unhappy with Daniel am and that would be part of the impact of office particular Disclosure that I do not have any control

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