id=”795″

id=”796″

id=”797″

id=”798″

id=”799″

id=”800″

id=”801″

id=”802″

id=”803″

id=”804″

id=”805″

id=”806″

id=”807″

id=”808″

id=”809″

id=”810″

id=”811″

id=”812″

id=”813″

id=”814″

id=”815″

id=”816″

id=”817″

id=”818″

id=”819″

id=”820″

id=”821″

id=”822″

id=”823″

id=”824″

id=”825″

id=”826″

id=”827″

id=”828″

id=”829″

id=”830″

id=”831″
Handling an Individual under potential duress

You must re-consider your position if you know or suspect that the is being put under duress by anyone to enter the . If an is under duress to sign an , the makes clear it will be unenforceable.

Duress is defined in the as when:

  • the worker is placed under unjustified pressure by the employer to sign the contract
  • that pressure was a significant cause of the worker signing the contract
  • and because of the pressure the worker had a lack of choice as to whether to sign the contract.
Duress can be created by, amongst other things, imposing unreasonable time limits to review the or by presenting it as an unjustified requirement for receiving a benefit, for example stating that a higher or any ex gratia sum will only be paid if an is signed. Duress may also be presumed if the is vulnerable, e.g on mental health or other grounds.

If you know or suspect duress and your client continues to insist on the or the unjustified pressure being applied, you will need to consider withdrawing from acting. You should take regulatory advice on your position. The states that “your duty to act in the best interest of your client does not override your professional obligations to uphold the proper administration of justice, act in a way that maintains public trust and confidence, and to act with independence and integrity. If your client’s instructions are to act in a way that is inconsistent with [the SRA’s] requirements, you will need to consider whether you can continue to act for them.”

id=”832″
Handling an Individual under potential duress

If an is under duress to sign an , the makes clear it will be unenforceable.

Duress is defined in the as when:

  • the worker is placed under unjustified pressure by the employer to sign the contract
  • that pressure was a significant cause of the worker signing the contract
  • and because of the pressure the worker had a lack of choice as to whether to sign the contract.
Duress can be created by, amongst other things, imposing unreasonable time limits to review the or by presenting it as an unjustified requirement for receiving a benefit, for example stating that a higher or any ex gratia sum will only be paid if an is signed. Duress may also be presumed if the is vulnerable, e.g on mental health or other grounds.

Even if you do not believe that the is being put under duress, you should remain vigilant for any signs. If at any point you become aware of or suspect duress and your client continues to insist on the or the unjustified pressure being applied, you may need to consider withdrawing from acting. You should take regulatory advice on your position. The states that “your duty to act in the best interest of your client does not override your professional obligations to uphold the proper administration of justice, act in a way that maintains public trust and confidence, and to act with independence and integrity. If your client’s instructions are to act in a way that is inconsistent with [the SRA’s] requirements, you will need to consider whether you can continue to act for them.”

id=”795″

id=”796″

id=”797″

id=”798″

id=”799″

id=”800″

id=”801″

id=”802″

id=”803″

id=”804″

id=”805″

id=”806″

id=”807″

id=”808″

id=”809″

id=”810″

id=”811″

id=”812″

id=”813″

id=”814″

id=”815″

id=”816″

id=”817″

id=”818″

id=”819″

id=”820″

id=”821″

id=”822″

id=”823″

id=”824″

id=”825″

id=”826″

id=”827″

id=”828″

id=”829″

id=”830″

id=”831″
Handling an Individual under potential duress

You must re-consider your position if you know or suspect that the is being put under duress by anyone to enter the . If an is under duress to sign an , the makes clear it will be unenforceable.

Duress is defined in the as when:

  • the worker is placed under unjustified pressure by the employer to sign the contract
  • that pressure was a significant cause of the worker signing the contract
  • and because of the pressure the worker had a lack of choice as to whether to sign the contract.
Duress can be created by, amongst other things, imposing unreasonable time limits to review the or by presenting it as an unjustified requirement for receiving a benefit, for example stating that a higher or any ex gratia sum will only be paid if an is signed. Duress may also be presumed if the is vulnerable, e.g on mental health or other grounds.

If you know or suspect duress and your client continues to insist on the or the unjustified pressure being applied, you will need to consider withdrawing from acting. You should take regulatory advice on your position. The states that “your duty to act in the best interest of your client does not override your professional obligations to uphold the proper administration of justice, act in a way that maintains public trust and confidence, and to act with independence and integrity. If your client’s instructions are to act in a way that is inconsistent with [the SRA’s] requirements, you will need to consider whether you can continue to act for them.”

id=”832″
Handling an Individual under potential duress

If an is under duress to sign an , the makes clear it will be unenforceable.

Duress is defined in the as when:

  • the worker is placed under unjustified pressure by the employer to sign the contract
  • that pressure was a significant cause of the worker signing the contract
  • and because of the pressure the worker had a lack of choice as to whether to sign the contract.
Duress can be created by, amongst other things, imposing unreasonable time limits to review the or by presenting it as an unjustified requirement for receiving a benefit, for example stating that a higher or any ex gratia sum will only be paid if an is signed. Duress may also be presumed if the is vulnerable, e.g on mental health or other grounds.

Even if you do not believe that the is being put under duress, you should remain vigilant for any signs. If at any point you become aware of or suspect duress and your client continues to insist on the or the unjustified pressure being applied, you may need to consider withdrawing from acting. You should take regulatory advice on your position. The states that “your duty to act in the best interest of your client does not override your professional obligations to uphold the proper administration of justice, act in a way that maintains public trust and confidence, and to act with independence and integrity. If your client’s instructions are to act in a way that is inconsistent with [the SRA’s] requirements, you will need to consider whether you can continue to act for them.”