Client service Flashcards
Outcomes
oC6, 7, 9 relating to honesty, integrity and independence and the best interests of clients; oC10-16, 20 relating to client service, understanding, etc.
Aspects of your duty of act with honesty and integrity
rC9
o Must not knowingly or recklessly mislead or attempt to mislead anyone
o Must not draft any statement of case, witness statement, affidavit or document containing
any statement of fact or contention which is not supported by your client or by your instructions;
any contention which you do not consider to be properly arguable;
any allegation of fraud, unless you have clear instructions to allege fraud and you have reasonably credible material which establishes an arguable case of fraud;
(in the case of a witness statement or affidavit) any statement of fact other than the evidence which you reasonably believe the witness would give if the witness were giving evidence orally;
o you must not encourage a witness to give evidence which is misleading or untruthful;
o unless you have the permission of the representative for the opposing side or of the court, you must not communicate with any witness (including your client) about the case while the witness is giving evidence;
o you must not make, or offer to make, payments to any witness which are contingent on their evidence or on the outcome of the case;
o you must only propose, or accept, fee arrangements which are legal.
Aspects of the duty to act in best interests of each client, provide a competent standard of work and service, and confidentiality
rC15
o you must promote fearlessly and by all proper and lawful means the client’s best interest
o you must do so without regard to your own interests or to any consequences to you (which may include, for the avoidance of doubt, you being required to take reasonable steps to mitigate the effects of any breach of this Handbook)
o you must do so without regard to the consequences to any other person (whether to your professional client, employer or any other person);
o you must not permit your professional client, employer or any other person to limit your discretion as to how the interests of the client can best be served; and
o you must protect the confidentiality of each client’s affairs, except for such disclosures as are required or permitted by law or to which your client gives informed consent. gC46 – applies to pupils as if your supervisor’s client were your own client.
* Also note
o gC36 – Your duty is to your client not to your professional client or other intermediary
Acting for more than one client
gC37, you may only accept instructions to act for more than one client if you are able to act in the best interests of each client as if that client were your only client, as CD2 requires of you
Elements of competent standard of service
gC38
o treating each client with courtesy and consideration
o seeking to advise your client, in terms they can understand
o taking all reasonable steps to avoid incurring unnecessary expense
o reading your instructions promptly. This may be important if there is a time limit or limitation period. If you fail to read your instructions promptly, it is possible that you will not be aware of the time limit until it is too late.
CPD
gC39, in order to be able to provide a competent standard of work, you should keep your professional knowledge and skills up to date. Certain activities e.g. advising at a police station or direct access require specific training.
Ensuring client understanding
gC41, should make sure client understands process and avoid unnecessary distress especially when dealing with a vulnerable client
Different legal rep for client
rC17, considering whether client’s best interests better served by different legal representation and advice them to that effect may be part of duty to act in their best interests. Clarification in gC49 – this might involve advising them that they should be represented by a different advocate with different experience, more than one, fewer, or a different solicitor. gC51 – should advise your client if you think someone acting on their behalf has been negligent
Vulnerable clients
oC14, gC71 – Competency and experience under rC21.8 (circumstances where you must not accept instructions) includes your ability to work with vulnerable clients
Further guidance on vulnerable clients
Advocates Gateway, Youth Proceedings, Competencies and Guidance