Solicitor dating client

You must give your client the best information possible about the likely overall cost of a matter both at the outset and, when appropriate, as the matter progresses. In particular you must:. Where you are acting for the client under a conditional fee agreement, including a collective conditional fee agreement in addition to complying with 2. Where you are acting for a publicly funded client, in addition to complying with 2.

Where you agree to share your fees with a charity in accordance with 8. You must discuss with your client whether the potential outcomes of any legal case will justify the expense or risk involved including, if relevant, the risk of having to pay an opponent's costs. If you can demonstrate that it was inappropriate in the circumstances to meet some or all of the requirements in 2.

You must not enter into an arrangement to receive a contingency fee for work done in prosecuting or defending any contentious proceedings before a court of England and Wales, a British court martial or an arbitrator where the seat of the arbitration is in England and Wales, except as permitted by statute or the common law.

You must not enter into an arrangement to receive a contingency fee for work done in prosecuting or defending any contentious proceedings before a court of an overseas jurisdiction or an arbitrator where the seat of the arbitration is overseas except to the extent that a lawyer of that jurisdiction would be permitted to do so. If you are a recognised body, a manager of a recognised body or a recognised sole practitioner, you must ensure:. If you are a recognised body or a recognised sole practitioner, you must not exclude or attempt to exclude by contract all liability to your clients.

However, you may limit your liability, provided that such limitation:. The requirements of rule 2 do not exhaust your obligations to clients. As your client's trusted adviser, you must act in the client's best interests see 1. It is not envisaged or intended that a breach of 2. As noted in the introduction to this rule, the purpose of 2. These parts of the rule together with 2. Similarly, the information you are required to give to your client varies in importance both inherently and in relation to the individual client and the retainer.

Consequently, the rule will be enforced in a manner which is proportionate to the seriousness of the breach. For example, if you were to fail to tell your client that they would be liable to pay another party's costs in breach of 2. The retainer is a contractual relationship and subject to legal considerations. You should be sure of your legal position as to who is your client if you contract to provide services to a third party.

Your right to decide not to accept instructions is subject to restrictions, including the following:. You must not refuse for a reason that would breach rule 6 Equality and diversity. Rule 11 Litigation and advocacy , governing a solicitor or REL acting as an advocate, contains restrictions on when the solicitor or REL may refuse instructions. Be aware of restrictions on when you can refuse to act or cease acting for a publicly funded client in a criminal matter. If you are an in-house solicitor or in-house REL you are already in a contractual relationship with your employer who is, for the purpose of these rules, your client.

You are not therefore usually as free as a solicitor or REL in a firm to refuse instructions, and will need to use your professional judgement in applying 2. These might include the following:. You need to bear in mind that the question of capacity relates to the particular decision that needs to be made, and it is, for instance, entirely possible for someone to lack capacity to make certain decisions but have the capacity to instruct a solicitor on other matters. To ensure that you comply with the law you need to have regard to the provisions of that Act and its accompanying Code.

The obligation is a continuing one, and you must ensure that an appropriate or agreed level of service can be delivered even if circumstances change. It is important to be satisfied that clients give their instructions freely. Some clients, such as the elderly, those with language or learning difficulties and those with disabilities are particularly vulnerable to pressure from others. If you suspect that a client's instructions are the result of undue influence you need to exercise your judgement as to whether you can proceed on the client's behalf.

For example, if you suspect that a friend or relative who accompanies the client is exerting undue influence, you should arrange to see the client alone or if appropriate with an independent third party or interpreter. Where there is no actual evidence of undue influence but the client appears to want to act against their best interests, it may be sufficient simply to explain the consequences of the instructions the client has given and confirm that the client wishes to proceed. For evidential purposes, it would be sensible to get this confirmation in writing.

As a matter of good practice you should not act for a client who has instructed another firm in the same matter unless the other firm agrees. If you are asked to provide a second opinion, you may do so but you should satisfy yourself that you have sufficient information to handle the matter properly.

A client can end the retainer with you at any time and for any reason.

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You may only end the relationship with the client if there is a good reason and after giving reasonable notice. Examples of good reasons include where there is a breakdown in confidence between you and the client, and where you are unable to obtain proper instructions. If there is good reason to cease acting, you must give reasonable notice to the client. What amounts to reasonable notice will depend on the circumstances. For example, it would normally be unreasonable to stop acting for a client immediately before a court hearing where it is impossible for the client to find alternative representation.

In such a case, if there is no alternative but to cease acting immediately, you should attend and explain the circumstances to the court — see rule 11 Litigation and advocacy. There may be circumstances where it is reasonable to give no notice. The relationship between you and your client can also be ended automatically by law, for example by the client's bankruptcy or mental incapacity see note 6 a iii above.

When you cease acting for a client, you will need to consider what should be done with the paperwork. You must hand over the client's files promptly on request subject to your right to exercise a lien in respect of outstanding costs. You should try to ensure the client's position is not prejudiced, and should also bear in mind his or her rights under the Data Protection Act Undertakings to secure the costs should be used as an alternative to the exercise of a lien if possible.

There may be circumstances where it is unreasonable to exercise a lien, for example, where the amount of the outstanding costs is small and the value or importance of the matter is very great. In any dispute over the ownership of documents you should refer to the law. Further advice about the law of lien or the ownership of documents can be found in Cordery on Solicitors or other reference books on the subject.

The purpose of 2. This information must be provided in a clear and readily accessible form.

Over-complex or lengthy terms of business letters may not be helpful. The "level of service" to be provided should be agreed at the outset. For example, the client may want regular written reports. Alternatively, the client may want to provide initial instructions then to hear no more until an agreed point has been reached. This will affect the projected costs of the matter.

When considering the options available to the client 2. Where such a relationship involves sharing any client information with a third party, you must inform the client and obtain their consent. Failure to do so would be a breach of client confidentiality see rule 4 Confidentiality and disclosure and possibly also a breach of the Data Protection Act Some arrangements with third parties, such as introducers under rule 9 Referrals of business or fee sharers under rule 8 Fee sharing , may constrain the way in which you handle clients' matters. Constraints which are proper and do not require disclosure to the client.

These normally relate to service standards such as dealing with client enquiries within a specified time, the use of specified computer software, telecommunications systems, a particular advertising medium, or particular training provision. Constraints which are proper but require disclosure to the client. Constraints that they impose, e. Constraints which are improper cannot be remedied by disclosing them to the client.

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These are constraints which impair your independence and ability to act in the client's best interests. You cannot accept an arrangement which involves such constraints.

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They might include, for instance, requirements that you do not disclose information to the client to which the client is entitled, or give advice to the client which you know is contrary to the client's best interests, or with which you disagree, or that you act towards the court in a deceitful manner or lie to a third party. You must give the required information to the client as soon as possible after you have agreed to act. You must then keep the client up to date with the progress of the matter and any changes affecting the original agreement.

The status of the person dealing with your client must be made absolutely clear, for legal and ethical reasons. For example, a person who is not a solicitor must not be described as one, either expressly or by implication. All staff having contact with clients, including reception, switchboard and secretarial staff, should be advised accordingly. All clients affected by a material alteration to the composition of the firm must be informed personally. Where the person having conduct of a matter leaves a firm, the client in question must be informed, preferably in advance, and told the name and status of the person who is to take over their matter.

Supervision requirements are dealt with in rule 5 Business management and guidance about who can supervise matters may be found there. There may be circumstances when it would be inappropriate to provide any or all of the information required by 2. It will be for you to justify why compliance was not appropriate in an individual matter. For example, where you are asked for one-off advice, or where you have a long-standing client who is familiar with your firm's terms of business and knows the status of the person dealing with the matter, this information may not need to be repeated.

However, other aspects of 2. If you are an in-house solicitor or in-house REL much of 2. However, it may be necessary for you to comply with aspects of 2. If you receive instructions from someone other than your client, you must still give the client the information required under 2.

There are, however, exceptions to this. For example, where your client has an attorney appointed by an enduring power of attorney which has been registered with the Court of Protection, or a donee of a lasting power of attorney which has similarly been registered, or a deputy for financial affairs, the information required by 2. However, because the question of capacity relates to the particular decision that needs to be made that is, just because a person lacks capacity as defined in the Mental Capacity Act to make certain decisions they do not necessarily lack the capacity to instruct a solicitor in other matters , you need to have regard to the provisions of that Act and its accompanying Code and must not assume that a person subject to the provisions of that Act lacks the capacity to instruct you in an area not covered by the power of attorney or the scope of the deputy's appointment.

In order to provide evidence of compliance with 2.