The Gazette 1974

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- 29

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 m 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 ' e 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- ln 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 mi 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 a 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 v '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 § lv e immediate and absolute priority to such instruc- tions because any delay on the part of the solicitor is a ne 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 a 'l complications, such as creation of trusts and life states, particularly where small or middle class estates * T( 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 01 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 la pse of time. With regard to Wills it has always been my practice 0 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 ^ 11 !* a note to the effect that the original of the Will ls retained. It is desirable to keep a Register of Wills