The Gazette 1974

It is important that you take immediate control of

the situation and not alone take control but be seen to

take control by taking all the necessary instructions

there and then and arranging for such further enquiries

as are necessary to enable you to deal expeditiously

with the problem. If letters must be written they

ight be written in the presence of the client as evi-

dence of your sincerity to pursue and help him before

he leaves your office after the first interview.

Attendance Sheets

It is most important that an attendance be taken at

the first interview with the full Christian names and

address of the client with the client's telephone numbers

at his business address and at his home address and

see to it that a file is opened immediately and registered

ss the attendance be lost putting you in the em-

barrassing situation of admitting your total neglect of

the client's instructions when he next calls to see you

•or further pursuit of the matter in hands.

It is also a good plan to ask the client to get in

touch with you at a specific time in the future in de-

fault of your writing to him to call in the meantime,

with further reference to the subject matter. This pro-

cedure means that the client is not embarrased by call-

g at some future date to check up whether or not any

progress has been made with his case, because, when

be does call, he will be coming on your express invita-

tion which will remove any unnecessary tensions that

Rht otherwise exist.

MAKING OF WILLS

One of the surest ways of consolidating the friend-

ship and the confidence of the client in you is the

t a k i ng of his Will. Clients are reluctant sometimes to

approach this topic but when an opportunity presents

bself which enables you at least to discuss the problem

bd, if the Will is a simple one, whereby the client

wishes to leave all to his wife or all to her husband, you

would be well advised to dictate the Will there and

'ben, and have it executed on the basis that it can be

changed at any time as circumstances require. It is of

'tal importance, when a client asks you to make a Will

°r to call to some friend of his for the purpose of

f a k i ng a Will by reason of ill health, or by reason of

tile f

a c t

that the relative or friend is in hospital, to

e immediate and absolute priority to such instruc-

tions because any delay on the part of the solicitor is a

glect that will not be overlooked, in the event of the

bntimely passing of the relative, or friend in question.

It is most important in making Wills to eliminate

'l complications, such as creation of trusts and life

states, particularly where small or middle class estates

r involved, which do not warrant the creation of com-

Phcated settlements, because they create unnecessary

Problems for the widow and children and are really

no advantage in the final analysis. However each case

biust be treated upon its merits, and there may be very

special circumstances on which you must adjudicate,

advise the client what is the simplest and most

effective way of dealing with the problem on the basis

a Will that can be reviewed after a further short

pse of time.

With regard to Wills it has always been my practice

retain the registered Will in a special envelope into

nich is put the testator's instructions and at the same

'"toe a copy of the Will is handed to the Testator

!* a note to the effect that the original of the Will

retained. It is desirable to keep a Register of Wills

and see to it that all original Wills are kept in some

specific order in a given proof safe or in the strong room

as the case may be.

It is vitally important to see that Wills are properly

executed and if the solicitor is a beneficiary he should

not under any circumstances be a Witness to the Will

and if he is the recipient of a large legacy he should

not even draft the Will.

LITIGATION

All litigation is primarily concerned with the ascertain-

ment of the facts based on sworn statements or affi-

davits on the Chancery side and the evidence of wit-

nesses on the Common Law side. The bulk of the pro-

ceedings on the Common Law side appear to be con-

cerned with what are commonly referred to as running-

down Actions and in all these cases the facts are ascer-

tained by examination of the witnesses on the basis of

which the Judge charges the Jury based on the facts so

ascertained and the weight of the evidence in support

of them.

As solicitor you will be concerned primarily with the

ascertainment of the facts. It has often been said

"Ascertain the facts and the Law will look after itself".

A knowledge of the Law of Evidence and of the Law

applicable to the particular case is of course of great

assistance in enabling you to pursue the ascertainment

of the true facts apart from mere hearsay to one-sided,

possibly garbled version, which no doubt your client

or the witnesses will sometimes place before you.

Sometimes a client will insist on telling you so much

that is immaterial that you cannot see "the wood for the

trees". Others deliberately keep from you such of the

details as they believe may militate against them. It is

your function to approach the ascertainment of the

facts with a critical eye, probe the features that appear

probable, and whether the story submitted to you is

such as to warrant credence.

It is always a good plan to submit the client to a

gentle cross-examination on the basis that you are

teaching him the type of questions that will be put to

him on the witness stand by cross-examination of de-

fending counsel or solicitor.

It is most important that you ascertain as far as

possible all the material facts and of course it is im-

portant that you are put in possession of all important

and material documents. You will next have to

apply the Law, and, if necessary, consider the whole

position. You will then have to advise your client as to

his position, and that if he is not satisfied with your

view, he is at liberty to instruct you to place the matter

before counsel who will consider the position, before the

final decisions are reached.

On the financial side, it is a matter for you to con-

sider, having regard to the circumstances of the case,

whether or not you will ask for a sum on account to

cover your medical reports, counsel's fees, court fees and

other relevant outlay as it is generally not possible to

collect such fees if the proceedings end unsuccessfully.

The furnishing of medical reports and procuring the

attendance of medical witnesses is a matter that presents

some difficulty and solicitors should be very careful not

to give undertakings to doctors to pay for medical

reports or for their attendance to give evidence, in the

belief that, such claims will be waived in the event of

the plaintiff not succeeding in his claim. The only

thing that a solicitor can do in these circumstances is

to sub-poena the doctor to give evidence and leave it

to the Judge to make a decision rather than the solici-