Risk management

Client instructions

One cause of claims of negligence against solicitors is the fact that the client's instructions have not been carried out properly.

Whether it be overlooking an inheritor in a will or some small detail within a pre-nuptial agreement, if omitted, these mistakes can give cause for complaint at a later date.

So what should you do when you are taking on a new client?

- Initially, it is always better to take instructions in person.

While it may be less time consuming to hold the meeting over the telephone, it is often easier to grasp what clients want if you are talking to them face to face.

- In this meeting, take detailed notes of what the client wants you to do on their behalf.

Before the client leaves, go through the notes together to clarify that they have not forgotten anything.

- Once the client has left, if you then become unsure about an instruction, whether it be ambiguous or simply nonsensical, call the client and clarify exactly what was meant.

Never assume you know what the client is after.

- Once you feel you have a complete grasp of the client's instructions, make a detailed instruction report that you can keep as a working document.

If the client's circumstances change, then the report must be updated to reflect these changes.

This document will also help other lawyers in your firm should they have to take over your caseload due to illness or holiday.

- When you send the client the retainer letter, it is best to either include the report listing the client's instructions either as part of the letter, or as a separate document.

If the instruction report is sent as a separate document, make sure there is space for the client to sign and date the report to prove they have read and understood the document.

- Before any work is completed, try once again to see the client in person to ensure that they are happy with the work undertaken and all instructions have been carried out.

Take the client through everything that has been done step by step, and ask once again for some sort of signature to prove the client is satisfied that you have done everything they have asked.

While this may all sound rather basic, it is often the simple things which result in claims of negligence.

All too often, clients will need their hands holding through every stage of work undertaken on their behalf.

As the majority of clients really do not understand the mechanics of the law, it is important that you explain work being done at every stage, in a language they can understand.

It is far better to make an extra hour or two for the client, in order to explain everything in detail, than to run the risk of something being missed and a claim of negligence being made against you and your practice.

This column was prepared by Alexander Forbes Risk Services UK