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GAZETTE
Compensation Fund Committee
Comp l a i n ts or allegations that a
solicitor has misappropriated clients'
mo n i es are dealt with and investigated
by the Comp e n s a t i on Fund
Comm i t t e e. Ag a i n, it is in your best
interest to reply promptly to
c o r r e s p o nd e n ce and to attend a
me e t i ng of the Comp e n s a t i on Fund
Comm i t t ee if requested to d o so.
What can you do to avoid
Complaints?
In order to m i n i m i se the l i k e l i h o od of
b e c om i ng the subject of a c omp l a i nt
in the future, the Law S o c i e ty wo u ld
e n c o u r a ge y ou to:-
- At the outset, indicate the basis
on wh i ch y ou will charge your
client and g i ve an estimate of
the likely c o st and length of
time the work will take (this is
n ow a statutory obligation).
- Explain matters fully to your
client including the steps y ou
will take wh en dealing with
your c l i e n t 's affairs. Ma ke sure
that the client
understands
your
explanation.
- Ma ke sure y ou obtain clear
instructions and authority from
your client to act on his behalf
at all stages, particularly wh e re
y o u are g i v i ng undertakings on
behalf of your client.
- If the c i r c ums t a n c es of the
transaction c h a n ge and it is
likely to take longer, or be more
e x p e n s i ve than indicated at the
outset, let the client k n ow this
as s o on as possible.
- Indicate the likely o u t c ome of
transactions or c a s e s, if
predictable.
- C ommu n i c a te regularly with
your client about the progress
of the wo rk b e i ng don e.
- De al with t e l e ph o ne calls and
reply to c o r r e s p o nd e n ce as
promptly as p o s s i b l e.
- If your client e x p r e s s es
dissatisfaction with your
services try to r e s o l ve the
matter as promptly as possible.
If y ou feel y ou cannot satisfy
the client c o n s i d er carefully
whether it is in your interest or
in the interest of the client to
c on t i nue the solicitor/client
relationship. If the client has
lost c o n f i d e n ce in y ou and
particularly if the matter y ou
are handling on behalf of the
client is o ne wh i ch is likely to
turn out adversely for the client
it is often in e v e r y o n e 's interest
to d i s c u ss o p e n ly with the client
his dissatisfaction and your
belief that he wo u ld be better
o f f consulting another solicitor
in w h om he wo u ld h a ve
c o n f i d e n c e.
- A l w a ys issue your client with a
detailed bill. B e sure to issue an
i t emi s ed bill promptly if
requested by a client.
- Ensure that any undertakings
y o u g i ve are clear and
un amb i g u o u s, and satisfy
yourself that y ou will be able to
c omp ly with the undertaking.
D o not g i ve any professional
undertaking un l e ss it is
absolutely necessary for the
c o ndu ct of the bu s i n e ss on
behalf of the client. Ma ke sure
that the L aw S o c i e ty
r e c omme n d a t i o ns are fully
c omp l i ed with in relation to any
undertaking that y ou h a ve to
g i v e. Ma ke sure that b e f o re y ou
g i ve the undertaking y ou
r e c e i ve a written irrevocable
retainer f r om the client in the
matter and written instructions
to g i ve the undertaking.
S a t i s fy yourself that strict
c omp l i a n ce with the
undertaking is c omp l e t e ly
within your o wn control and
ma ke sure that if the
undertaking is conditional on
s ome other e v e nt that the
undertaking is clear and c o n c i se
as to wh en and h ow your
professional liability can arise.
A l w a ys ensure that it is clear
whether your undertaking is to
rank in priority to your o wn
f e es in respect of the item in
question or f e es due generally.
- If y ou e x p e ct difficulty with a
client, or f o r e s ee a problem
eme r g i n g, contact the
Professional Purposes
Comm i t t ee of the Law S o c i e ty
as s o on as po s s i b le before a
problem occurs.
- If your client has indicated that
he w i s h es to d i s p e n se with your
services, advise him in writing
to consult another solicitor,
without delay, seek instructions
as to whether or not y ou are to
continue with the work and
point out any problems wh i ch
might arise if the work is not
continued by y ou (such as time
limits expiring), deliver
imme d i a t e ly an i t emi s ed bill
without delay and try to ensure
that no misunderstanding arises
as to your rights c o n c e r n i ng
solicitor's lien and payment of
c o s ts and outlay. If y ou are
requested to tax your c o s ts do
so without delay. Try to
facilitate the hand-over of the
bu s i n e ss (without prejudicing
your o wn entitlement to fees).
- Ke ep attendances and c o n f i rm
k ey matters in writing.
- Monitor staff and o f f i ce
administration and procedures
regularly.
Law Society Services
The Law S o c i e ty o f f e rs a range of
services and facilities to assist y ou in
the e f f i c i e nt running of your practice,
including a Practice Ma n a g eme nt
Ad v i s o ry S e r v i ce and Continuing
Legal Education Courses. The
Professional Purposes Comm i t t ee also
deals with disputes wh i ch arise
b e t w e en solicitors. Full details are
available on request to the Law
S o c i e t y.
Registrar's
Committee
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