{"id":29611,"date":"2023-11-28T22:44:27","date_gmt":"2023-11-28T22:44:27","guid":{"rendered":"https:\/\/legalblog.ie\/?p=29611"},"modified":"2023-12-08T23:44:33","modified_gmt":"2023-12-08T23:44:33","slug":"solicitor-client-relations-2","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/solicitor-client-relations-2\/","title":{"rendered":"Solicitor Client Relations"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/solicitor-client-relations-2\/#Commencing_to_Act\" title=\"Commencing to Act\">Commencing to Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/solicitor-client-relations-2\/#Charges\" title=\"Charges\">Charges<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/solicitor-client-relations-2\/#Legal_Aid_Panel\" title=\"Legal Aid Panel\">Legal Aid Panel<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/solicitor-client-relations-2\/#Dealings_with_Clients\" title=\"Dealings with Clients\">Dealings with Clients<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/solicitor-client-relations-2\/#Vulnerable_Clients\" title=\"Vulnerable Clients\">Vulnerable Clients<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/solicitor-client-relations-2\/#Conciliation_ADR\" title=\"Conciliation &amp; ADR\">Conciliation &amp; ADR<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/solicitor-client-relations-2\/#Termination_of_Retainer\" title=\"Termination of Retainer\">Termination of Retainer<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/solicitor-client-relations-2\/#CPD\" title=\"CPD\">CPD<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Commencing_to_Act\"><\/span>Commencing to Act<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The decision of a solicitor to accept instructions from a client is a matter of his discretion.\u00a0 However, he should not discriminate unfairly between members of the public.\u00a0 He should not refuse to act on a basis which would constitute discrimination.<\/p>\n<p>Solicitors are recommended to provide a client with a copy of the firm\u2019s terms and conditions.\u00a0 Where practicable, he should confirm the instructions in writing and set out in general terms the services he proposes to provide.\u00a0 There is no obligation for the client to accept the terms of business in writing, although it is good practice to do so.<\/p>\n<p>A solicitor should not accept instructions that he knows he will be unable to carry them out adequately.\u00a0 This may be from the pespective of expertise or time resources.\u00a0 Where a solicitor can or should not accept the instruction, he should inform the person immediately preferably in writing of his decision not to act.<\/p>\n<p>A solicitor should generally take instructions directly from a client.\u00a0 Where they are taken from a third party, they should be confirmed with the client. A solicitor who is employed in an organization may receive instructions from one or more of the employees in the organization.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Charges\"><\/span>Charges<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The solicitor must inform the client as soon as reasonably practicable regarding charges which will \u00a0be incurred for the provision of legal services.\u00a0 Charges include professional fees and outlay.\u00a0 This is a requirement under the Solicitors Act and under the Legal Services Regulation Act.<\/p>\n<p>Where costs are charged on a time basis, it is recommended that the solicitor keeps the client informed on a regular basis of the time spent on the case or matter.\u00a0 Time records must be maintained and be available for inspection by the Law Society in the event of the dispute=-<\/p>\n<p>A solicitor may charge fees in advance, as they arise or in arrears.\u00a0 The solicitor may refuse to act if the client does not agree to the terms by which the solicitor is to be paid as communicated at the commencement.\u00a0 The solicitor may terminate a retainer if the client does not abide by the payment terms agreed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Legal_Aid_Panel\"><\/span>Legal Aid Panel<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a solicitor is on the Legal Aid Panel and is instructed by a defendant or nominated by a court on behalf of the defendant, he must comply with instructions unless he has reasonable grounds for refusing to act in that particular case for the particular client.\u00a0 This is subject to the agreement of court where necessary.\u00a0 There are legislative requirements regarding the Civil Legal Aids scheme, with which the solicitor must comply.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Dealings_with_Clients\"><\/span>Dealings with Clients<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A solicitor must be open, frank and honest in all dealings with his clients.\u00a0 He must act with the utmost skill and care.\u00a0 The standard expected is that of reasonable care and skill \u00a0which should be exercised by a solicitor who has the relevant expertise.\u00a0 The relationship is a fiduciary relationship and certain consequences follow that are set out in different chapters.<\/p>\n<p>Solicitor in some instances owes a duty of care to third parties when acting in a case or transaction.\u00a0 The circumstances are relatively limited, \u00a0but arise for example where a solicitor is acting for a seller in a conveyancing matter and provides information on which he knows a third party will reasonably rely.<\/p>\n<p>A solicitor should as soon as practicable, explain to his client the procedures to be followed in any particular matter and the length of time they are likely to take.\u00a0 He should keep the client informed of the progress of the matter and where appropriate, copy relevant correspondence to the client where it is important to notify the client of a particular matter or to confirm or clarify details, where appropriate, in n writing.<\/p>\n<p>A solicitor should reply promptly to letters written to him on a professional basis\u00a0 He should answer correspondence from other solicitors including those making enquiries on behalf of a client.<\/p>\n<p>A solicitor must have a system in place for dealing with complaints in particular in relation to \u00a0\u00a0dealing with the client;s file.\u00a0 Clients should be advised of actions that may be taken in relation to the complaint.<\/p>\n<p>At the conclusion of a matter, the solicitor must account to the client for monies received setting out details of the charges.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Vulnerable_Clients\"><\/span>Vulnerable Clients<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a client lacks mental capacity, a decision must be made in relation to issues about which the client should give instructions having regard to his level of understanding and the complexity of the situation or matter.\u00a0 The solicitor should take instruction from the client where he \u00a0appears to have the requisite capacity.<\/p>\n<p>A solicitor has a special duty of care to vulnerable clients.\u00a0 He should be aware of the characteristics that make the \u00a0client vulnerable, including youth, \u00a0inexperience, lack of business acumen and the lack of ability to make an informed and independent decision.<\/p>\n<p>In particular a solicitor should be alert to the danger of clients being forced to give money or assets to another,being denied access to money or assets, having signatures forged or being pressed to make or change a will or power of attorney.<\/p>\n<p>Where a solicitor suspects that a client may be under undue influence or duress, he should not accept instructions.\u00a0 \u00a0In cases of suspected duress or undue influence she should see the client alone.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Conciliation_ADR\"><\/span>Conciliation &amp; ADR<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In family law cases, the practitioner should assist and \u00a0should have the requisite skills to assist, the parties to reach a constructive settlement of their differences.\u00a0 The welfare of children should be a priority.\u00a0 A conciliatory approach should be adopted.<\/p>\n<p>In relation to litigation, the solicitor should acquaint himself with alternative dispute resolution. This is now a legal requirement under the Mediation Act 2017. Solicitors are encouraged to recommend their client to use ADR where appropriate.\u00a0 The solicitor should not, \u00a0without good reason characterize a suggestion of mediation or settlement as a sign of weakness.<\/p>\n<p>A solicitor should not terminate an appointment without good cause and on reasonable notice.\u00a0 Where a client\u2019s solicitor determines that he cannot continue to act, and it is reasonable for him to so do, he should give as much notice as possible of his intention to cease to act.\u00a0 He should confirm that he has ceased to act in writing.\u00a0 Procedures are applicable to coming off the record, if court proceedings have been commenced.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Termination_of_Retainer\"><\/span>Termination of Retainer<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If the solicitor terminates his appointment for good cause and gives reasonable notice he is entitled to be paid for work done.\u00a0 In the case of instructions accepted on a contingency basis, it may be \u00a0implied that the solicitor should continue to have the prosecution of the case.\u00a0 If the retainer is terminated, the solicitor is entitled to be paid for work done.<\/p>\n<p>A retainer may be terminated where a client has been asked to put the solicitor in funds in accordance with the terms of business, \u00a0and the client has refused to do so.<\/p>\n<p>A solicitor may be forced to cease to act for a client because he refuses to accept advice given and the circumstances are such as to destroy the basis of the relationship between the solicitor and client.\u00a0 The solicitor should cease to act for a client where the client refuses or fails to give further instructions.<\/p>\n<p>Where a client suffers a permanent loss of capacity, the retainer is terminated by law and the solicitor may not take further instructions.<\/p>\n<p>A solicitor who has accepted instructions to appear in court for a client who is in custody may not withdraw without permission from the court before which the client is scheduled to appear.\u00a0A client may change his solicitor when he wishes to do so but is liable to the solicitor for reasonable charges incurred for legal services properly provided.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"CPD\"><\/span>CPD<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Solicitors are required by regulation to undertake continuing professional development annually.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-29611\" data-postid=\"29611\" class=\"themify_builder_content themify_builder_content-29611 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Commencing to Act The decision of a solicitor to accept instructions from a client is a matter of his discretion.\u00a0 However, he should not discriminate unfairly between members of the public.\u00a0 He should not refuse to act on a basis which would constitute discrimination. Solicitors are recommended to provide a client with a copy of [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[308],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29611"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=29611"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29611\/revisions"}],"predecessor-version":[{"id":30030,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29611\/revisions\/30030"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=29611"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=29611"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=29611"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}