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Quite simply, don't do it.

Been there, tried it, had the client moan when it went wrong, sat at the mediation with some overpaid QC representing the client saying "well Mr Cooper, its patently self-evident that a serious of clauses of restriction in a signed retainer can not impinge upon your duties nonetheless to have advised my client about the potential counterclaim".

Got paid £400-odd (including VAT) and been told that even though we were not dealing with any potential counterclaim, the client did not want us to deal with the counterclaim, he didn't pay us to advise him on it, and he knew about it and made his mind up to proceed, it was my fault that he eventually lost his case two years later when he settled, because that £400 inc VAT should have included a full in-depth analysis of the weakness of the potential counterclaim and a reasonably competent solicitor would have advised the client not to proceed in the first place.

(Even though that would have entailed us advising about matters we were deliberately never given instructions upon by a client adamant he wouldn't pay for the advice, but just wanted us to issue his claim.)

Indeed if we had a representative body worth its salt, they would be dealing with this matter properly. Instead, we have a guidance note which says "you may try this, and it may work. But then again, it might not. So perhaps have a go. Maybe. Or perhaps not".