|
|
|
Who is the client? Under government regulations we have to insist that all clients prove to us
These must be original documents, we cannot accept copies. Having seen the originals we will however need to take copies for our records. We need to make these copies ourselves, we cannot accept copies made by you. The government has made these regulations apply even to clients that we have known for years. So please do not be offended. But please do write to your MP to protest! By law our services can be rendered only to clients who have proved their identity and address in this way, and not to anyone else. This is important because it means that the advice and help we give will be tailored to that person’s specific needs, which may not be the same as anyone else’s. So nobody else should rely on the advice we give to you, and you should not rely on any advice we give to anyone else. It is a condition of our acting for any client that we owe no duties or responsibilities to anybody except our clients. If in a particular case we are acting for more than one client, then all clients agree that we may accept instructions from any one of them on behalf of all of them. In addition, we have insurance cover to protect our clients against mistakes. You can read more about this in the ‘feedback’ section. It is a condition of our acting for any client that we will not accept any liability above and beyond the amount of the insurance cover, nor will we accept any liability at all to any person who is not our client. This includes liability under contract or tort or otherwise. Our authority As solicitors we almost invariably act on the instructions of our clients. A client is entitled to give any instructions he likes, whether or not it is in accordance with our advice. However, as your solicitor you authorise us to act on your behalf as we think is in your best interests in any circumstances where we cannot get your instructions (eg because of an emergency). This includes, for example, making or concluding agreements or giving undertakings for you, or signing documents for you. When you do this you will be bound by what we have done just the same as if you had done it yourself. You will reimburse us any expense we incur in doing this and in complying with any obligation to any other person that we thereby incur. We reserve the right to decline to follow your instructions where we feel that to do so might risk us breaking the law or any rule of legal professional ethics. We cannot accept instructions where we believe that they might be being given to us as a result of duress or undue influence. We cannot accept instructions given to us on behalf of someone else. The instructions must be confirmed by the client in person. We cannot accept instructions to act in any matter where another solicitor is already acting in the same matter. We can however give a second opinion, and if the other solicitor ceases to act we can then replace him. Communication
We will communicate with you by any method available. If you would prefer us not to use any method of communication (eg email) then please say so. We may sometimes communicate with you in relation to other matters that are not to do with the matter for which you have engaged us (eg promotional offers, legal updates). If you prefer not to receive these communications please tell us.
Confidentiality We will keep all your affairs confidential. The only people who will know anything about you or your affairs as a result of you instructing this firm will be people within this firm, or people engaged by us to help us deliver our services better (eg outsourcing agencies or consultants or regulators). Some of these people are not solicitors and so not as attuned as we are to the utmost importance of confidentiality. Nevertheless we use them where we feel that the risk of breach of confidentiality is outweighed by the benefit secured by using their services. If you object to anybody within these categories seeing anything about you or your case then please let us know. The main exception to this duty of confidentiality is when we are required by law to make a disclosure. For example, if a client goes bankrupt then we are required to supply certain information to the trustee in bankruptcy whether the client consents or not. Sometimes the law requires us to make a disclosure and then not tell you that we have done so and/or to hold up working for you after we have done so but without telling you why. We will do our best to comply with the law in good faith and you must indemnify us against any claim against us from any person resulting from this. If you are our client together with someone else, confidentiality will not stop us discussing your affairs with them or vice versa (unless a conflict arises in which case see the separate section on independence). One situation in which this often arises is where you buy a house with a mortgage (or remortgage). In this situation we usually act for you and the mortgage lender as well. We are not required to maintain confidentiality if we believe that you are using our services in an attempt to further a criminal aim, or if we believe that to breach confidentiality might help to prevent harm to any person. Confidentiality includes we will not reveal to anybody that we are acting for you. For your part you must not reveal that we are acting for you without our prior consent. You must not use our name or logo etc without our express permission.
| |
 |
||
