4. Service and Competence

Question 1

To whom do the standards regarding service and competence apply?

Answer 1

Solicitors and firms, with minor variations

Question 2

Authority to Act for Client

What is required to act for a client?

Answer 2

Instructions from the client or someone authorised to provide instructions on their behalf. There must be evidence of this authorisation e.g. written instructions or confirmation from the other party

Question 3

Authority to Act for Client

If you have reason to suspect the authorised person’s instructions do not represent your client’s wishes, only when can you act?

Answer 3

When you are satisfied that the instructions reflect the client’s wishes

Question 4

Authority to Act for Client

Is a solicitor allowed to represent, e.g. a husband and wife, and only take instructions from one?

Answer 4

Yes, provided it is established at the outset that the other party consents to the arrangement

Question 5

Authority to Act for Client

What happens if a client’s instructions cannot be ascertained?

Answer 5

You must continue to act to protect your client’s best interests

Question 6

What two things are required of the service provided to clients?

Answer 6

1. Competent (you have the skill)
2. Timely (you have the time to dedicate to the matter)

Question 7

Customising Service to Each Client

How is a service customised to a client?

Answer 7

By taking into account their attributes, needs, and circumstances

Question 8

Management Responsibilities

What is the standard expected of supervisors or managers of those providing legal services?

Answer 8

They must effectively supervise the work