The Language of Lawyers...Bah Humbug!

Have you ever wondered why solicitors when discussing your matter with you ask questions and make comments which you consider irrelevant?

An explanation might be that the communication is distorted by the fact that your solicitor is wrestling with all the duties they have as a solicitor. These duties include:

A Solicitors’ duty to the client

The solicitor/client relationship is a fiduciary relationship. The expression ‘fiduciary’ means trust.  This means that the client, when instructing their solicitor to act, places his or her confidence, good faith, reliance and trust in that solicitor.

Generally solicitors as fiduciaries must act in the best interests of their clients. In particular solicitors must:

• act honestly and fairly in a client’s best interests
• act with due skill and diligence, reasonable promptness and courtesy
• maintain a client’s confidences
• avoid conflicts of interest
• communicate effectively and promptly with clients
• follow a client’s lawful instructions.

Please note that solicitors also owe duties to the Court and the Profession and the Community at large.  In particular solicitors cannot act in way that compromises the integrity of the legal system. Honouring these responsibilities may put the solicitor at odds with their duties to the client.

Confidentiality and File Security

Conversations, correspondence and documentation between you and this firm are confidential.  Accordingly it is necessary on occasions to use particular language eg “Without Prejudice” because these words have significant meaning as defined by the body of law. Your information revealed to us can only be revealed to others in limited circumstances. Even when it comes to how we deal with your file, we have an obligation to follow a strict set of rules as to its maintenance, storage and safe custody.

Conflicts of interest

As your solicitor we must not allow our own interests, or the interests of an associate, conflict with your interests. Generally we cannot act for you if we have previously provided legal advice to a person you are in dispute with. If you believe that your solicitor may have a conflict you should raise this with us immediately.

Following instructions

We cannot make any decisions for you.  We must first provide advice as to your options and then obtain your instructions. We have an obligation to carry out your instructions promptly and efficiently in accordance with the law.

Clear communication

It is our goal to provide regular updates on the progress of your matter, preferably in writing. In providing advice as to your options, we try to identify for you the best course of action.  For example advising you on the alternative forms of dispute resolution procedures available to you as an alternative to litigation.  Of course solicitors must also treat you with respect, be polite and assist you to understand the law.

Handling your money

We may ask you to pay some of your fees in advance to cover any expenses we may incur or as a retainer. This money is held in trust and cannot be paid to anybody for any expenses without your specific permission.  Your instructions in this regard are extensively dealt with in the terms of the Engagement Agreement. A detailed Information Sheet is available in relation to costs.

Your legal experience does not need to be a mystery.  Please tell us if at any time we are not making sense. Or if you need to talk to someone regarding a new matter, please contact Frank Legal on 02 9688 6023

Written by Andrew Frank, Managing Director

This should not be taken as legal advice.