header-logo header-logo

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

Plain & simple

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
back-to-top-scroll