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Review Your SQE 1 Practice Records

Examination Timing: 00H00M01S

Mr. Brooks, a solicitor, is advising his client, Mr. Walker, on an employment contract for a position at a start-up company. Mr. Walker currently holds a permanent position at an established company. The following day, Mr. Brooks meets a new acquaintance, Mr. Allen, at a golf club dinner. Mr. Allen expresses concerns that the business he works for is facing financial failure because its key customer is soon to be taken into receivership. Mr. Allen then reveals that the business he works for is, coincidentally, the start-up company offering Mr. Walker the job. Is Mr. Brooks obliged to inform Mr. Walker of the reported concerns about the financial prospects of the start-up company?

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Mr. Brooks is obliged to inform Mr. Walker of the concerns regarding the financial prospects of the start-up company because the information is material to Mr. Walker’s matter. The Solicitors Regulation Authority (SRA) Code of Conduct requires solicitors to act in the best interests of their clients, which includes the duty to disclose any material information that could affect the client's decisions. In this case, the potential financial instability of the start-up company is highly relevant to Mr. Walker’s decision to accept or decline the job offer. 


Key Point: The duty of disclosure mandates that solicitors inform their clients of any material information that could influence the client’s decisions. This duty ensures that clients can make informed choices based on all relevant information.

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