Risk management ;Dont lose sight of your clients instructions ;Claims often arise when solicitors overlook their clients specific instructions.

;This problem happens more often than one might think, in every area of the law and in all types of firm.

Here are some examples: ;l An elderly client sent a letter of instruction to his solicitor regarding a will, which included a provision that a legacy of 5,000 was to be left to an old and trusted friend.

The solicitor overlooked the request, and the client did not notice the omission.

He was asked to sign the will in the reception area of the firm, and feeling under pressure did so without ;reading it.

;l Solicitors were instructed in connection with sale of part of a registered title.

The client gave specific instructions that a covenant should be included preventing the purchaser from erecting any residential buildings on the land.

The covenant was omitted.

Subsequently a dwelling house was erected on the land.

;l A solicitor was involved in protracted divorce proceedings.

The husband instructed him at the outset to transfer a joint endowment policy into his name he alone was to receive the surrender value.

No reference to the endowment policy was made in the final order, leaving the clients former wife entitled to half of the proceeds.

;l Commercial clients sent their solicitors detailed heads of agreement in connection with the sale of a company.

It was specifically stated that the purchaser should assume certain liabilities of the company.

This was not done.

;In each of these cases, clear instructions were ignored.

To avoid this happening, practitioners should take the following steps: ;l Make a detailed note of any instructions given by the client; ;l Incorporate all such instructions in a single ;document.

Treat the instruction sheet as a living document and make amendments when they are necessary; ;l Do not make assumptions.

Confirm instructions with the client and make sure that you have understood what the client wants; ;l Wherever possible see the client in person; ;l Confirm what is needed from the client and when it is needed, both in terms of actions and information, so that you can comply with the instructions; ;l Make certain before committing the client (for example by exchanging contracts or obtaining a sealed order) that the final document incorporates all the clients instructions.

Compare the instruction sheet with the document in question, and; ;l Make sure the client sees and understands the contents of the document.

This will help you to be certain that the clients instructions have been ;carried out.

;This column was prepared by the St.

Paul risk management team ; ; ;