SQE1 sample questions

Question 104

A solicitor works in a litigation department at a firm of solicitors. She realises that two of her matters are listed for hearings of 30 minutes each, in the same court centre on the same morning, but before different judges. The first hearing is scheduled to start at 10.30am (‘the First Hearing’). The second hearing is scheduled to start at 11am (‘the Second Hearing’).

The solicitor intends to attend both hearings as she believes she would be the best person to represent the clients as she is familiar with both matters. She also believes that the First Hearing will finish early enough for her to get to the Second Hearing on time. She therefore wants to avoid increasing the costs for either client by instructing a barrister to attend one of the hearings.

The solicitor appears at the First Hearing. She finds that it takes longer than anticipated to persuade the judge to rule in favour of her client and the hearing lasts the full 30 minutes.

The solicitor is ten minutes late for the Second Hearing. The judge severely reprimands the solicitor for keeping numerous people waiting, indicating that he does not want to listen to her reasons for being late. After hearing arguments on the merits, the judge rules against the solicitor’s client. The judge makes a wasted costs order against the solicitor in respect of the time the other side were kept waiting until the solicitor’s arrival.

Was the solicitor in breach of the SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs by being late for the Second Hearing?

A. Yes, as she was wasting the court’s time.

B. Yes, as her actions created a conflict of interest between her two clients.

C. No, as she was acting in the best interests of her clients to save costs.

D. No, as the court failed to give proper consideration to why she was late.

E. No, as the court has sanctioned her behaviour with a wasted costs order.


A - Yes, as she was wasting the court’s time.

Candidates who answered correctly: 48%


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