I have previously blogged about solicitor’s negligence and the current state of the law with respect to, in part, determining lawyers’ liability and the applicable standard of care. As a follow-up, below is a brief list of some best practice tips to keep in mind:
- Communicate – keep the client informed of legal options and obligations
- Provide clients with regular updates, even if there is nothing to report
- Don’t rely solely on email – call or meet with a client to discuss or review more complex matters
- Manage client’s expectations – provide a realistic assessment of risk and/or costs involved
- Have a clear retainer agreement – include what steps you will (and will not) be taking
- Educate – know your area of law and keep current on new developments
- Get to know the relevant statutes
- Familiarize yourself with related areas of law – enough to flag issues and refer client for expert opinions (ex. taxes)
- Be careful with delegation and supervision of work – the client is relying on your expertise
- Dabble in other areas of law at your own risk!
- Get to know the relevant statutes
- Investigate – the client’s circumstances and needs
- Understand your client: What are her needs, concerns, and desired outcome? What legal issues is she facing?
- Make time to fully investigate the background of a matter – probe your client for details and supporting documents
- Obtain and review relevant records (for example, title searches)
- The investigation stage will be unique to each area of law – create a checklist, if possible
- Understand your client: What are her needs, concerns, and desired outcome? What legal issues is she facing?
- Document – every step of the file
- Keep detailed docket entries
- Confirm client instructions in writing – this also gives the client the opportunity to alert you to any misunderstanding
- Be clear in your communications with opposing counsel and/or third parties
These are just a few duties and obligations to keep in mind to maintain an effective practice for both you and your client.
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