Client Care and Costs Flashcards
What is a solicitor’s duty in relation to not misleading clients or others?
Solicitors must not abuse their position by taking advantage of clients or mislead or attempt to mislead a client either by their own acts or omissions or allowing or being complicit in the acts or omissions of others
How must information be presented to the client?
Must give clients information in a way they can understand and ensure that they can make informed decisions about the services they need, how their matter will be handled and the options available to them
Must take account of client’s attributes, needs and circumstances
What are a solicitor’s duties in relation to the competence of their work and others?
Service provided by a solicitor must be competent and delivered in a timely manner
Must maintain their competence and keep their professional knowledge and skills up to date
Solicitors supervising others must remain accountable for the work carried out through them and must effectively supervise work they do for clients
Supervising solicitors must ensure that the people they supervise must be competent and keep their professional knowledge, skills and knowledge of legal, ethical and regulatory obligations
What information must a client receive about regulations?
Clients must be made aware of how the legal services they’re provided are regulated, including ensuring they don’t represent any business or employer which is not authorised by the SRA, as being regulated
Clients should also be aware of the regulatory protections they have - ie SRA Compensation Fund
What information should the client receive in relation to costs?
Client must be given the best possible information as to the overall costs of the matter, both at the outset and as appropriate when the matter progresses
Client should be made aware where VAT is included
Should advise clients about ways to fund the matter, including legal expenses insurance
Where a genuine estimate of costs is not possible, what steps should the solicitor take?
They should set a date for reviewing the costs
Should give the hourly rate and the fee earner(s) rates who are likely to be working on the matter
Best way to provide information to client about scope of instructions, costs and complaints procedure?
In a client care letter after the first interview, but it must be given in a way they can understand
Important for both sides to know their responsibilities throughout the matter too
What is a conditional fee agreement and what form must it take?
‘No win, no fee’ - uplifted fee on success
Must be in writing, signed by both parties, and success fee percentage must be specified (if applicable)
What are the formalities in relation to a solicitor’s bill?
(a) The bill must contain enough information for the client to be satisfied that the bill is reasonable and provide details of the period to which the bill relates.
(b) The bill must be signed by the solicitor or on the solicitor’s behalf by an employee authorised to do so. Alternatively, the solicitor/authorised employee may sign a covering letter which refers to the bill.
(c) The bill must be delivered by hand to the client, by post to the client’s home, business address or last known address, or by email if the client has agreed to this method and provided an appropriate email address.
When can a solicitor sue for non-payment?
1 month after bill has been delivered
A client can challenge a bill. Briefly explain the process + outcome of this
They can get a bill assessed within one month from the date of delivery, in both contentious and non-contentious matters
- Can apply up to 12 months, but would need leave of the court for it to be assessed
Costs assessed by a judge sitting as a ‘costs officer’ and on an indemnity basis
Only costs which are reasonably incurred and are reasonable in amount will be allowed
Client and solicitor are **bound by results of the assessment **
What options are there when the solicitor receives a referral fee/commission?
They should either:
(a) pay it to the client;
(b) offset it against fees or;
(c) keep it where the client agrees to this
