Client care: service and competence Flashcards
Why do firms send client care letters?
Help clients to understand what they are doing an why
Set out terms and conditions on which they are acting
What is SRA stance on client care letters?
SRA does not require client care letters to be sent but requires certain info to be set out for a client in writing
So firms will do so to demonstrate they have met SRA requirements
What are good reasons for terminating client retainers?
You cannot obtain clear instructions
To carry on actin would break the law of breach the codes eg COI
Your client has failed to pay its bills
What is not a reason for terminating a retainer?
Cannot terminate on the grounds of self interest - as you are required to treat a client fairly
You have to act with best interest of each client, with honest and integrity
What is the general information requirement which firms usually provide in a client care letter?
You need to be transparent in what it is you are going to do for your client
The delivery of information should be timely
You give client information in a way that they can understand
You must ensure the client understands whether and how the services you provide are regulated
You must ensure clients understand the regulatory protections available to them
What information on costs must you provide?
You need to be transparent as to the costs
How much you are going to or are likely to charge a client
This should also be discussed with the client
This info should be provided at the time of the engagement and also during the course of the matter
CCS 8.8:
Ensure that any publicity in relation to your practice is accurate and not misleading, including that relating to your charges and the circumstances in which interest is payable by or to clients
What are the CCS requirements on costs?
DOES NOT require you to provide information on costs in writing
Requires to provide the best possible information about how the matter will be priced
usually use a client care letter to demonstrate this
What are the CCS 8.2 AND 8.3 rules on complaints?
Every law firm must have a procedure for dealing with complaints
You must establish and maintain a procedure for handling complaints in relation to the legal services you provide
You must inform your clients in writing of the complaints procedure at the time of engagement about their right to complain to you about services and your charges and how a complaint can be made and to whom and any rights they have to make a complaint to the Legal Ombudsman and when they can make any such complaint
What is the rule when a complaint has not been resolved to the client’s satisfactions within 8 weeks following the making of the complaint?
The client must be informed in writing of
any right they have to complain to the Legal Ombudsman, the time frame for doing so and full details of how to contact the Legal Ombudsman and
If a complaint has been brought and your complaints procedure has been exhausted
- that you cannot settle the complaint
- of the name and website address of an ADR approved body which would be competent to deal with the complaint and
- whether you agree to use the scheme operated by that body
Complaints must be dealt with properly and free of charge
