Client Care Flashcards
What are the first steps you would upon received an instruction?
- I would ensure I had the professional competence.
- Check there were no conflicts of interest or personal interests in place.
- Confirm the terms of engagement in writing and get written approval from the client before starting work on the instruction.
When would you not accept an instruction?
COMPETANCY
* you are not competent to undertake the works
FACTS
* You don’t have sufficient facts to on the issue
ENGAGEMENT
* Client wont sign terms of engagement and complete AML checks.
CONFLICTS
* Conflicts of Interest
INDEMNITY
* Professional Indemnity cap cant be agreed
FRIEND
* Advice is for a friend
SANCTION LIST
* Client is included in the UK gov sanction list
What are the principles of good client care?
- Understanding the clients objectives e.g. cost, quality, time
- Listening to the client and seeking formal and informal feedback
- Responding quickly to queries
- Managing clients expectations
How do you gain feedback?
I approached the client directly and requested their opinions on the positives of the project and any negatives. I issued a feedback form.
How do you clearly formalise the service you are providing?
I prepare formal engagement documents
what do you include in engagement documents?
- Engagement Letter;
- Services Schedule which outlines the scope of service, who will have responsibility for providing that service, fees and expenses; and
- Terms of Business which outlines:
complaints handling procedure, any liability limit, standard terms and conditions.
How do you establish client requirements?
I communicate with the client and gather all the details of the instruction and their brief.
What is negligence?
Conduct that falls below the standards of behaviour established by law for the protection of others against unreasonable risk of harm.
A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances and does not show the skill, care or due diligence expected.
In order for there to be a claim of negligence there must be:
· A duty of care
· A breach of that duty of care by failing to exercise reasonable care and skill expected of your profession
· That breach must be the cause harm or damage to the plaintiff.
How do you ensure that you aren’t negligent?
· Ensure you understand the client objectives and confirm all instruction in writing
·Undertake the work in line with the relevant RICS guidance
·Check you are competent to undertake the work
·Make detailed file notes and take photographs
·Keep up to date with market knowledge and legislation and record your CPD.
What is the Limitation Act 1980?
It relates to the limitation on legal action being taken after the breach and the current limitation periods are:
Contract
· 6 years from the date of breach if signed underhand
· 12 years from the date of breach if executed as a deed
Negligence (in respect of latent damage)
· 6 years from the date of damage
· 3 years from the date of knowledge of the damage
·subject to a max 15 years from the negligent act or omission.
Can you give an example of 3rd party who may be considered a client?
Tenant in an occupied premises. Asset services when I am acting on behalf of one of their clients.
What is C&Ws complaints handling procedure?
C&W Complaints Handling Procedure meets the requirements of the RICS and is always issued to the client at the outset of an instruction alongside the terms of business.
Steps:
1) I would initially try to resolve the complaint.
2) I would notify Partner of my team and the Head of the Department.
3) I would then notify C&Ws Complaints Handling Officer who would register the complaint in the Complaints Log and notify PII insurers.
4) The CHO would acknowledge the complaint within 7 days (RICS recommends 14 days) and investigate within 21 days. 28 days total.
5) if complainant is still not happy with review, the CHO will consider forms of ADR such as The RICS Dispute Resolution Service.
When should the firm issue a CHP to a client?
I issued our firms CHP in the terms of business which as part of the engagement documents.
However, it must be issued once the firm receives an expression of dissatisfaction from a valid complainant, then the CHP should be issued.
What and when should you inform the insurers of a complaint?
As soon as a situation may lead to a complaint.
Are you aware of any recent updates to complaints handling?
Ombudsman Services withdrew from the property market in market August 2018.
