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<blockquote data-quote="Jacob Miller" data-source="post: 46750" data-attributes="member: 5063">Hi [USER=9217]@Vishal Singh[/USER] These sorts of questions are designed to put you in a morally challenging situation to assess your professional integrity. Remember that integrity is a key part of being a solicitor- indeed, it makes up one of the core points of SRA practice rules. To that end, when I was posed with questions such as yours, I always identified that, as a solicitor, I am bound by certain constraints imposed by SRA practice rules. I would, to that end, decline to carry out any activity which would compromise that. For the first question, assuming it is within a solicitors' firm, I would advise my senior that I was unable to for the reasons above, and remind him/ her that the conduct they're asking me to commit is in breach of the said regulations, as it would be for them to orchestrate such conduct. You may also wish to consider whether you would be duty bound to act within the firm's whistleblowing policy to report the conduct. The second scenario you describe is slightly more challenging insofar as it's the CEO of the company who has asked you to commit the fraudulent conduct. I would personally follow a similar structure: first, highlighting the fact that it would be in breach of the professional ethics code and actually illegal. Secondly, I would advise the CEO, as an expert on the issue due to my position as finance director, that it would constitute such a breach of ethics and law, and ask whether he/ she was aware of that. If they nonetheless persisted, I would be forced to advise them that I was unable to do so and then consider whether I would be duty bound to report the conduct to the appropriate watchdog/ complaints body/ police etc.</blockquote>

[QUOTE="Jacob Miller, post: 46750, member: 5063"] Hi [USER=9217]@Vishal Singh[/USER] These sorts of questions are designed to put you in a morally challenging situation to assess your professional integrity. Remember that integrity is a key part of being a solicitor- indeed, it makes up one of the core points of SRA practice rules. To that end, when I was posed with questions such as yours, I always identified that, as a solicitor, I am bound by certain constraints imposed by SRA practice rules. I would, to that end, decline to carry out any activity which would compromise that. For the first question, assuming it is within a solicitors' firm, I would advise my senior that I was unable to for the reasons above, and remind him/ her that the conduct they're asking me to commit is in breach of the said regulations, as it would be for them to orchestrate such conduct. You may also wish to consider whether you would be duty bound to act within the firm's whistleblowing policy to report the conduct. The second scenario you describe is slightly more challenging insofar as it's the CEO of the company who has asked you to commit the fraudulent conduct. I would personally follow a similar structure: first, highlighting the fact that it would be in breach of the professional ethics code and actually illegal. Secondly, I would advise the CEO, as an expert on the issue due to my position as finance director, that it would constitute such a breach of ethics and law, and ask whether he/ she was aware of that. If they nonetheless persisted, I would be forced to advise them that I was unable to do so and then consider whether I would be duty bound to report the conduct to the appropriate watchdog/ complaints body/ police etc. [/QUOTE]

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