The Gazette 1996

GAZETTE

Compensation Fund Committee

- If your client e x p r e s s es dissatisfaction with your services try to r e s o l ve the

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).

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. 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. 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. What can you do to avoid Complaints? - If the c i r c ums t a n c es of the transaction c h a n ge and it is

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. 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. S a t i s fy yourself that strict c omp l i a n ce with the

- 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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