The lawyer/client relationship

Question 1

define client

Answer 1

An individual person or an organisation.

Contract between solicitor and client.

Client (usually) pays the solicitor.

Question 2

what is the role of a lawyer?

Answer 2

The client provides “instructions” to the lawyer.

The lawyer advises the client and acts on the client’s instructions.

Client makes decisions

Question 3

what skills does a lawyer need to deal with clients?

Answer 3

Taking good instructions (listening, asking questions and also “challenging” the client)

Understanding the problem (which may not quite be what client thinks)

Identifying practical options for “solving” the problem

Communicating (verbally and in writing) potentially complex ideas in a clear way that the client can understand.

Question 4

What is the legal relationship between a client and solicitor?

Answer 4

Contract

Duty of care owed in negligence

Fiduciary duties

Question 5

What legal disputes do solicitors and clients tend to have?

Answer 5

Solicitor sues client for unpaid fees

Client sues solicitor for negligence

Question 6

Why are disputes with clients bad for business?

Answer 6

Not paid for work done

Reputation

Time spent dealing with disputes could have been spent doing chargeable work

Costs of litigation

The cost of professional indemnity insurance

Question 7

How do solicitors mitigate the risk of disputes arising?

Answer 7

Ensuring clarity of scope of instructions

Ensure staff well trained, and well supervised

Retain evidence of instructions received and advice given (attendance notes and letters)

Payment terms (managing credit)

Compulsory professional indemnity insurance