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Ethics and Professional Conduct for the SQE

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Ethics and Professional Conduct for the SQE

Free PDF guide to SQE ethics and professional conduct: how it is examined on SQE1 and SQE2, the SRA Principles and Code, conflicts and money laundering.

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Ethics is the one SQE topic with no paper of its own, and the one that turns up in every question. This guide sets out how it is examined on SQE1 and SQE2, the SRA Principles and Code of Conduct, a decision tree for conflicts of interest, the 2026 money laundering changes and a method for spotting the issue the SRA will not flag.

Updated October 2026 · checked against SRA publications on 1 October 2026.

How ethics is examined on the SQE

No paper, and no warning.

Ethics and Professional Conduct is examined pervasively: it sits inside questions about other subjects, and the question will not tell you that it is about ethics.

SQE1

  • Examined “pervasively across each session of FLK1 and FLK2”, so it can appear in any of the four sessions from January 2027.
  • Single best answer questions built on realistic client-based and ethical problems.
  • Ethics and money laundering questions together “can make up to 20% of the questions assessed” in a sitting (money laundering in FLK1 only).
  • You need the rule, not the paragraph number.

SQE2

  • Pervasive across all 16 assessments, and issues “will not be flagged”.
  • From 1 September 2026, a third Law criterion for ethics: marked 0 to 5 where a station assesses an ethics point, “N/A” where it does not.
  • Where ethics is assessed, each of the three Law criteria counts for a third of that station’s Law mark.
  • The interview is marked on skills only, so the ethics criterion applies to the attendance note and the other stations.

Up to 20% is a ceiling, not a quota. The SRA’s figure covers ethics and money laundering together, across a whole SQE1 sitting. Because ethics can be examined across all subject areas, prepare as if any question could carry a conduct point.

The seven SRA Principles

The SRA calls them the fundamental tenets of ethical behaviour it expects of everyone it regulates.

Each Principle completes the same two words. You act:

  1. in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice.
  2. in a way that upholds public trust and confidence in the solicitors' profession and in legal services provided by authorised persons.
  3. with independence.
  4. with honesty.
  5. with integrity.
  6. in a way that encourages equality, diversity and inclusion.
  7. in the best interests of each client.
When the Principles conflict

“Should the Principles come into conflict, those which safeguard the wider public interest (such as the rule of law, and public confidence in a trustworthy solicitors' profession and a safe and effective market for regulated legal services) take precedence over an individual client's interests.”

From the introduction to the SRA Principles, which the SRA notes does not form part of the Principles. Our tip: honesty and integrity are two Principles, not one. Treat integrity as the wider standard: conduct can fall short of integrity without being dishonest.

The SRA Code of Conduct at a glance

Our one-line summary of each section of the Code of Conduct for Solicitors, RELs, RFLs and RSLs (called the “SRA Code of Conduct for Solicitors” in the assessments).

The SRA Code of Conduct for Solicitors, section by section
SectionWhat it covers (our summary)
1. Maintaining trust and acting fairlyNo unfair discrimination; no abuse of position; perform undertakings on time (1.3); never mislead clients, the court or others (1.4); treat colleagues fairly (1.5).
2. Dispute resolution and proceedingsNo tampering with evidence or witnesses; only properly arguable submissions; comply with court orders; do not waste the court’s time; draw its attention to relevant law (2.7).
3. Service and competenceAct only on proper instructions (3.1); competent, timely service; keep skills up to date; take account of the client’s needs; supervise and stay accountable.
4. Client money and assetsAccount for financial benefits unless agreed otherwise (4.1); safeguard money and assets; do not personally hold client money save as permitted.
5. Business requirementsReferrals and fee sharing disclosed, fee sharing agreements in writing; apparent referral fees treated as such unless shown otherwise; informed consent for separate businesses.
6. Conflict, confidentiality and disclosureOwn interest conflicts (6.1); client conflicts and their two exceptions (6.2); confidentiality (6.3); disclosure (6.4); acting against a client whose information you hold (6.5).
7. Cooperation and accountabilityCooperate with the SRA; report serious breaches promptly (7.7); protect people who report (7.9); be honest and open when things go wrong (7.11).
8. Identification, complaints, informationIdentify who you act for (8.1); complaints handled in writing, within 8 weeks, free of charge; the best possible costs information (8.7); accurate publicity.

Conflicts of interest: can I act?

There are two kinds of conflict, and the Code treats them very differently. An own interest conflict has no exception at all. A conflict between clients has two narrow exceptions, and both come with strict conditions. Work through these questions in order:

  1. Do you have an own interest conflict, or a significant risk of one? If yes, do not act. Paragraph 6.1 has no exception.
  2. Is there a conflict between your clients, or a significant risk of one? If not, you may act, and keep checking as the matter develops.
  3. Do the clients have a substantially common interest, or are they competing for the same objective? If neither, do not act for both.
  4. Are all three conditions met? Every client has given informed consent, given or evidenced in writing; where appropriate, effective safeguards protect confidential information; and you are satisfied it is reasonable to act for all the clients. If any fails, do not act for all.

The conditions apply to both exceptions. The SRA’s conflicts guidance says you can only rely on either exception if a specific set of conditions are all met. “Competing for the same objective” covers an asset, contract or business opportunity sought through an insolvency process, an auction or tender, or a bid or offer, but not a public takeover.

Confidentiality and disclosure

You keep a client’s affairs confidential (6.3), and you tell the client everything material to their matter (6.4). The duty of disclosure has four exceptions: disclosure prohibited by legal restrictions imposed in the interests of national security or the prevention of crime; the client’s informed consent, given or evidenced in writing; a reason to believe disclosure would cause serious physical or mental injury; and information in a privileged document you know about only because it was mistakenly disclosed.

Paragraph 6.5 stops you acting against a current or former client whose confidential information you hold, where it is material to the matter, unless effective measures leave no real risk of disclosure or that client gives informed consent, given or evidenced in writing.

Spot the collision. If information is material to one client but confidential to another, you can act for both only with effective safeguards, or with each client’s informed consent to that information not being shared (6.4(b)). Otherwise you must not act, or must stop acting, for one or both. And confidentiality outlives the retainer: it protects former clients too.

Undertakings, the court and your clients

Undertakings

The SRA Glossary defines an undertaking as a statement, given orally or in writing, whether or not it includes the word “undertake” or “undertaking”, to someone who reasonably places reliance on it, that you or a third party will do something or cause something to be done, or refrain from doing something. You must perform every undertaking within the agreed timescale or, if none was agreed, within a reasonable amount of time (1.3). Our advice: only give undertakings within your control.

Your duty to the court

You must not mislead or attempt to mislead your clients, the court or others (1.4). You only put forward submissions that are properly arguable (2.4), and you draw the court’s attention to relevant cases, statutory provisions and procedural irregularities likely to have a material effect on the outcome (2.7), even when they hurt your client.

The classic scenario: a client privately admits the offence but wants to plead not guilty. You may still put the prosecution to proof, but you cannot advance a defence you know is false or call evidence you know is untrue. If the client insists on giving evidence denying guilt, or on running a defence you know is false, you must cease to act, and confidentiality means you do not tell the court why.

Complaints and the Legal Ombudsman

Complaints: the Code and the Legal Ombudsman Scheme Rules
StageRule
At engagementTell the client in writing about their right to complain, how and to whom, and any right to go to the Legal Ombudsman (Code 8.3).
8 weeksNot resolved within 8 weeks? Tell the client in writing about the Ombudsman, the time frame and how to contact it (Code 8.4).
6 monthsFrom your final written response, if it prominently gave the Ombudsman warning and contact details (Scheme Rule 4.4).
1 yearOuter limit: one year from the act or omission, or from when the complainant should reasonably have known (Scheme Rule 4.5, since 1 April 2023).
£50,000The cap on compensation and the cost of putting things right; fee refunds, interest and the complainant’s costs sit outside it (Scheme Rules 5.43 and 5.45).

Money laundering on the SQE

Tested on SQE1 within Legal Services in FLK1, and on SQE2 within Business Law and Practice and, from 1 September 2026, Property Practice.

The Proceeds of Crime Act 2002 offences (our summary)
SectionOffence
s.327Concealing, disguising, converting, transferring or removing criminal property.
s.328Entering into or becoming concerned in an arrangement you know or suspect facilitates the acquisition, retention, use or control of criminal property by or for another.
s.329Acquiring, using or possessing criminal property (adequate consideration is a defence).
s.330Failure to disclose in the regulated sector, with an exception for information received in privileged circumstances.
s.333ATipping off: disclosing that a report has been made, or that an investigation is contemplated or under way, where likely to prejudice an investigation.

Report before you act. An authorised disclosure (s.338) plus the appropriate consent (s.335), which the National Crime Agency calls a DAML, is a defence to ss.327 to 329. The notice period is seven working days, starting the first working day after the disclosure. If consent is refused, a 31-day moratorium runs from the day you receive the refusal; a court can extend it, by no more than 186 days in total.

Changed on 30 June 2026

Customer due diligence now applies to occasional transactions of £12,000 or more (was 15,000 euros) and transfers of funds over £800 (was 1,000 euros). The automatic enhanced due diligence trigger now refers to a “FATF call for action country” (the FATF call-for-action list only), replacing “high-risk third country”, which also covered the FATF increased-monitoring list.

The SRA warning notices to know

Both specifications say questions can be based on situations in relevant SRA warning notices, such as those on non-disclosure agreements (NDAs) and strategic lawsuits against public participation (SLAPPs). The NDA notice says it does not prohibit NDAs, but they are improperly used if used to prevent or deter someone from co-operating with a criminal investigation, reporting an offence, or reporting misconduct to the SRA. The SLAPP notice describes SLAPPs as a misuse of the legal system to stifle lawful scrutiny and publication.

Other current notices cover the misuse of AI (August 2026), money laundering risk assessments and suspicious activity reports, high-volume consumer claims, marketing to the public, money missing from client account, using client account as a banking facility, offensive communications, tax avoidance and referral fees.

Answering ethics questions: the SPOT method

  1. Scan the people. Who is the client (8.1)? Who else is involved: the other side, a third party paying or instructing, the court, the SRA?
  2. Pinpoint the duty. Which Principle or part of the Code is engaged: conflict, confidentiality, disclosure, an undertaking, misleading, money, competence, costs?
  3. Options and exceptions. Does an exception apply, and are its conditions met? Look for “informed consent, given or evidenced in writing”.
  4. Take the action. Act, decline, cease to act, disclose, report or advise, then check the action itself breaches nothing.

The full guide adds a worked example, tips and a red-flag checklist you can run on every scenario.

Frequently asked questions

How is ethics examined on SQE1?

Ethics and Professional Conduct has no paper of its own. The SRA examines it pervasively across each session of FLK1 and FLK2, inside single best answer questions on any subject. Annex 4 of the SQE1 specification says ethics and money laundering questions together can make up to 20% of the questions in a sitting, with money laundering assessed in FLK1 only.

Is ethics flagged in SQE2?

No. The SQE2 specification says ethics and professional conduct issues will not be flagged: candidates must identify them and exercise judgment to resolve them honestly and with integrity. From 1 September 2026, ethics is a separate third criterion under application of law, marked 0 to 5 where a station assesses an ethics point.

Do I need to learn SRA Code paragraph numbers for the SQE?

No. Both specifications say that, outside a few named terms, candidates are not required to recall specific case names or cite statutory or regulatory authorities. The SQE2 Legal Research station is the exception. You need to know what each rule requires, not its number.

When can a solicitor act for two clients with a conflict of interest?

Only under paragraph 6.2 of the SRA Code of Conduct: where the clients have a substantially common interest, or are competing for the same objective, and all the conditions are met. Every client must give informed consent, given or evidenced in writing; where appropriate, effective safeguards must protect confidential information; and the solicitor must be satisfied it is reasonable to act for all the clients. There is no exception for an own interest conflict.

What changed in the Money Laundering Regulations in 2026?

On 30 June 2026 the occasional transaction threshold for customer due diligence became ÂŁ12,000 (replacing 15,000 euros), the funds transfer threshold became ÂŁ800 (replacing 1,000 euros), and regulation 33 now refers to a "FATF call for action country" instead of a "high-risk third country". The new term covers only the FATF call-for-action list, so the automatic enhanced due diligence trigger is narrower.

Which SRA warning notices can come up in the SQE?

Both specifications say questions can be based on situations in relevant SRA warning notices, giving those on non-disclosure agreements (NDAs) and strategic lawsuits against public participation (SLAPPs) as examples. The SRA lists its current warning notices in its guidance section.

SRA material: This work is owned by and published under licence from the Solicitors Regulation Authority of The Cube, 199 Wharfside Street, Birmingham, B1 1RN which asserts its right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988 Sections 77 and 78. Sources: SRA Principles, Code of Conduct for Solicitors, Code of Conduct for Firms and Glossary, current version in effect from 11 April 2025, extracted 1 October 2026. Always check the SRA website to make sure you are relying on the correct and most up-to-date version.

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