Plain & simple

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