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19 February 2009 / David Catchpole
Issue: 7357 / Categories: Features , Legal services , Wills & Probate , Other practice areas
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The Golden Rule

If your client’s mental capacity is in doubt, how do you best advise them? David Catchpole explains

There is a good degree of knowledge in the legal profession about the so called golden but tactless rule where the capacity of a testator may be in issue. However, while the vast majority of probate practitioners are aware of the rule, fewer appear to follow it in practice. Telling your client, who you may have represented for numerous years, that you have concerns about their mental faculties is never easy—and many solicitors will shy away from this very difficult conversation. It is a conversation that may well lose a client (and potential fee income) as a result. Further, some practitioners may feel it is better to prepare a will and risk a fight in future over capacity, than to refuse to prepare a will and risk a possible professional negligence claim for not following their client’s instructions. Will preparation is a competitive business and a solicitor refusing to prepare a will for a  client

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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