Relationship with your client
Summary
Practitioner’s duties (5)
1. Solve the client's legal problem
2. Confidentiality
3. No conflict of interest
4. Utmost faith (to the best of your ability)
You’re working on their behalf, you must argue for your client to
protect their interest above your own
5. Fiduciary duties - minimize cost and act with integrity
First consultation
Initial questions (2)
1. Do I need to act for this client?
2. Am I able to accept this matter? Can I resolve the problem?
Competency
To answer the initial questions, consider (6)
1. You are never obliged to act for a client
2. Potential conflict of interest
3. Client gives unethical, fraudulent instructions
4. Competence of attorney
5. Not suitably qualified
6. Knowledge and experience
When speaking to the client (9)
1) Be courteous (4)
Relationship with your client 1
, 1. Make the client feel welcome and comfortable
Clean area, beverages, comfortable area etc.
2. Show interest and give undivided attention
No interruptions, taking notes of the whole story
3. Client can become emotional (sad/angry etc.) but you need to
stay steady
4. Build mutual trust and confidence and demonstrate that you
understand your client’s problem
Listen carefully and give client opportunity to tell their story
Do not be aggressive and do not interrupt
Don’t judge
2) Plan in advance
Plan how you’ll conduct your first interview
Bring items of use (e.g. contract/legislation re the issue etc.)
Depends on the type of person and the nature of legal problem
3) Take time to explain (ensure understanding)
Most clients don’t know much about the law and legal system
Take time to explain matters as simply as possible
Spend a few minutes during the consultation to explain the
concepts and process
Calm
Crucial client understands what is happening and that it is their
instruction you are taking
4) Simple language
Complexity of language depends on the client
Avoid legal jargon
Client is already stressed out and it could be hard for them to
follow advice
Keep advice simply, accurate and complete
Relationship with your client 2
, Tone of voice
5) Language barriers
Barrier to full information if uncomfortable
Ensure client understands
Get translators if needed etc.
6) Cost estimate
Be realistic and honest - costly and timely
7) Instructions (10)
1. Take comprehensive notes
Whether irrelevant or not, take lots of notes
2. Guidance about what is important
Guide the client and ask leading questions to determine
more
Probe client to get objective facts
3. Time
NB when did the things happen
Date and times
Try to get as many objective facts as possible
4. Confidentiality!
Super NB for trust relationship and should disclose
everything to you
5. Confirm in writing and confirm instructions with client
Instructions to be complete
Ensures everyone is on the same page and serves as proof
of such
Lack of complete/proper instructions? Problematic
6. Instructions must be direct from your client
If there’s an instructor, why are they instructing, why can’t the
client be there themselves?
Relationship with your client 3
, Client in hiding? Why? Could be aiding and abetting a
criminal
7. E-mail/telephone?
Not ideal
We want “Face-to-face” (Teams etc. still apply)
8. Reasonably satisfied about (4)
1. Client’s identity
2. Client’s capacity to instruct
3. Authority of a representative instructor
4. Instructor's understanding and the nature and extent of the
mandate
Adhere to FICA and POPI
9. Evidence to support instructions
Anything to prove your clients truth
If there’s no evidence to support the facts, will be problematic
in court cos won’t be able to prove in court
Duty to probe about what you’re gonna be arguing in the end
Also, potentially questionable? Why you lying
Inconsistence with evidence?
Ensure you have all evidence before issuing court paperws
10. Confirmation of instructions
Final confirmation
8) Maintain contact
Progress reports
Delays
9) Offers of settlement
Whenever you get an offer, you send it to the client
You can never judge it even if its completely ridiculous
Relationship with your client 4
Relationship with your client
Summary
Practitioner’s duties (5)
1. Solve the client's legal problem
2. Confidentiality
3. No conflict of interest
4. Utmost faith (to the best of your ability)
You’re working on their behalf, you must argue for your client to
protect their interest above your own
5. Fiduciary duties - minimize cost and act with integrity
First consultation
Initial questions (2)
1. Do I need to act for this client?
2. Am I able to accept this matter? Can I resolve the problem?
Competency
To answer the initial questions, consider (6)
1. You are never obliged to act for a client
2. Potential conflict of interest
3. Client gives unethical, fraudulent instructions
4. Competence of attorney
5. Not suitably qualified
6. Knowledge and experience
When speaking to the client (9)
1) Be courteous (4)
Relationship with your client 1
, 1. Make the client feel welcome and comfortable
Clean area, beverages, comfortable area etc.
2. Show interest and give undivided attention
No interruptions, taking notes of the whole story
3. Client can become emotional (sad/angry etc.) but you need to
stay steady
4. Build mutual trust and confidence and demonstrate that you
understand your client’s problem
Listen carefully and give client opportunity to tell their story
Do not be aggressive and do not interrupt
Don’t judge
2) Plan in advance
Plan how you’ll conduct your first interview
Bring items of use (e.g. contract/legislation re the issue etc.)
Depends on the type of person and the nature of legal problem
3) Take time to explain (ensure understanding)
Most clients don’t know much about the law and legal system
Take time to explain matters as simply as possible
Spend a few minutes during the consultation to explain the
concepts and process
Calm
Crucial client understands what is happening and that it is their
instruction you are taking
4) Simple language
Complexity of language depends on the client
Avoid legal jargon
Client is already stressed out and it could be hard for them to
follow advice
Keep advice simply, accurate and complete
Relationship with your client 2
, Tone of voice
5) Language barriers
Barrier to full information if uncomfortable
Ensure client understands
Get translators if needed etc.
6) Cost estimate
Be realistic and honest - costly and timely
7) Instructions (10)
1. Take comprehensive notes
Whether irrelevant or not, take lots of notes
2. Guidance about what is important
Guide the client and ask leading questions to determine
more
Probe client to get objective facts
3. Time
NB when did the things happen
Date and times
Try to get as many objective facts as possible
4. Confidentiality!
Super NB for trust relationship and should disclose
everything to you
5. Confirm in writing and confirm instructions with client
Instructions to be complete
Ensures everyone is on the same page and serves as proof
of such
Lack of complete/proper instructions? Problematic
6. Instructions must be direct from your client
If there’s an instructor, why are they instructing, why can’t the
client be there themselves?
Relationship with your client 3
, Client in hiding? Why? Could be aiding and abetting a
criminal
7. E-mail/telephone?
Not ideal
We want “Face-to-face” (Teams etc. still apply)
8. Reasonably satisfied about (4)
1. Client’s identity
2. Client’s capacity to instruct
3. Authority of a representative instructor
4. Instructor's understanding and the nature and extent of the
mandate
Adhere to FICA and POPI
9. Evidence to support instructions
Anything to prove your clients truth
If there’s no evidence to support the facts, will be problematic
in court cos won’t be able to prove in court
Duty to probe about what you’re gonna be arguing in the end
Also, potentially questionable? Why you lying
Inconsistence with evidence?
Ensure you have all evidence before issuing court paperws
10. Confirmation of instructions
Final confirmation
8) Maintain contact
Progress reports
Delays
9) Offers of settlement
Whenever you get an offer, you send it to the client
You can never judge it even if its completely ridiculous
Relationship with your client 4
