header-logo header-logo

Plain & simple

31 May 2012 / Steven O'Sullivan
Issue: 7516 / Categories: Features , Procedure & practice , Commercial
printer mail-detail

Make it clear to your client what you won’t do for them, advises Steven O’Sullivan

What have you been instructed to do by your client? A simple question: perhaps a better one is what have you not been instructed to do? This question often gives headaches to those of us dealing with claims against solicitors. I have quite a few claims where there is a serious issue about what the solicitor has or has not undertaken to do. To refine the question further: what did your client reasonably believe you had been instructed to do?

Common problems

Here are a few examples of the problem. Where the solicitor is acting on a commercial deal, who is taking charge of the tax planning? When it turns out that the agreement was not particularly tax efficient, is the client going to find you a target for blame or will the evidence show that this was outside your retainer? Where a client purchases property where some kind of development or change of use is envisaged, who

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll