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AFTER ENGAGEMENT – WHAT SERVICES STANDARDS
There is a Law Society recommended standard in communicating with clients and this is commonsense based and applicable in all jurisdictions. In an initial letter to a new client, the individual or corporation should have the following information as a matter of good practice and also for the protection of both parties.
The letter usually begins in the standard way with a greeting and perhaps an expression of thanks for the instructions, following which it should briefly set out your instructions to your lawyer. There is a duality of purpose in setting this out as it serves firstly as a confirmation of the client's instructions and provides the opportunity to amend these instructions if they have not been properly delivered or understood for whatever reason. Secondly, it could be a useful aid in the event of a dispute.
It is for the same reason that you can expect a good lawyer to set out the advice given to you at the particular time on the basis of the instructions. If additional advice is given at a later stage this should also be set out in writing.
Time scale
It is important to manage the client's expectation from the outset and a crucial part of this is to provide a time scale within which the matter will be concluded. In litigation matters this may serve to focus the mind and may mean that the parties will be more amenable to ADR.
Complaints
The terms of engagement or client care letter should state the chain of command and who you should complain to – should the need arise. It is important also that they have a procedure in place for handling such complaints when they arise to ensure that it does not escalate and matters are put right as soon as possible.
Storage/Destroy date
You can expect to be given information as to whether files will be stored at the conclusion of the matter and if so, the length of time it will be kept in storage before the file is destroyed. Prior to storage, all original documents must be returned to you along with any refund from money paid on account to the lawyer.
Progress reports/client update
Clients ought to be kept informed on a regular basis. This is the minimum expected of a professional. There may be long periods when the case is inactive. This may be normal and anticipated by the professional but the client does not always know that this is normal in the circumstances and should be sent regular “comfort” letters to show that their matter has not been forgotten.
Boma Ozobia is an international commercial lawyer and the managing partner of Sterling Partnership Solicitors LLP. She is also co author with Elizabeth Cruickshank of Sisters in Law: Career Choices for Nigerian Women
Contact: oma.ozobia@sterlingpartnership.com
Website: www.sterlingpartnership.com

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