The First Client Meeting Flashcards
Steps to be taken before commencing a new matter (7)
Consider professional conduct issues; take adequate client instructions; send a CCL; request money on account; comply with money laundering requirements; undertake a conflict search; ask for any relevant documentation
Objectives for first client meeting (6)
Identify what your client wants you to do; take full details of their version of events; explain basic legal principles; discuss how the dispute can be resolved; answer difficult questions; summarise and explain what happens next
Elements of a risk assessment (7)
Substantive legal argument; strength of three components of liability; causation and quantum; the prospects of success; the prospects of losing; the cost of proceeding; the likelihood of costs recovery
Actions to take after the first interview (6)
Write to the client; draft client’s witness statement; notify opponent of instruction; initiate early investigations; make financial enquiries; think about instructing counsel
What will the letter to the client after the first meeting cover?
The funding arrangements, return of signed CCL and outstanding money laundering documents, overview of problem, advice given and instructions, costs estimate, request for further documentation
If criminal proceedings are to be taken in connection with the accident, the report will-
Not be released until their conclusion
If defendant successfully prosecuted for the accident-
Burden of proof reverses as long as specifically pleaded
Early investigations
Interviewing witnesses, the police accident report, inquests, accidents at work report to Health and Safety Executive, inspecting the scene of the accident, quantum investigations
Financial enquiries
Credit agency searches, register of judgments, company searches, land registry searches and asset reports
