The lawyer-client relationship

The lawyer-client relationship can be described as a fiduciary
relationship – the client places his trust and good faith in the
conduct of the lawyer. The lawyer is expected to act with the
utmost respect for the relationship; and may not make personal
gains with information acquired because of that relationship,
without full disclosure.

Lawyers owe a duty to their clients – generally, lawyers are to
avoid conflicts of interest with the client’s affairs; to act
honestly and with due skill and diligence; to communicate clearly
and honestly with clients; to follow clients’ instructions; and to
act in the best interest of clients.

Establishing a relationship

When a lawyer is employed in a matter, he is under a duty to
diligently assess the client’s cause and make an honest
determination of its merits, whether there is indeed a legal claim,
the best way to pursue the claim, and the probable result of any
action taken. A lawyer should not encourage a claim with no merits
just for an opportunity to bill the client. The lawyer must also
refrain from making promises on outcomes that are beyond their
control. Where the matter can be resolved through a fair
settlement, the lawyer is expected to advise the client to avoid or
end litigation if it has begun.

Fees

Lawyers owe their clients a duty of disclosure with regard to
their fees. Clients should know upfront what they will be charged
for legal services and what expenses can be expected for each
service. The lawyer is expected to send regular bills, clearly
setting out charges for each service performed. Lawyers are not
allowed to take on the expenses of litigation – the client is
responsible for such expenses/costs – the lawyer may, in good
faith, advance the cost of those expenses as a matter of
convenience but the client is expected to reimburse the lawyer.

Clients are under a duty to pay for the services of their
lawyer. Although professional rules discourage lawyers from suing
for their fees, a lawyer can take legal action for their fees to
prevent injustice or fraud. Subject to these conditions, a lawyer
can commence legal action one month after the delivery of their
bill to the client (personally or to their last known address).

Payment for fees can be problematic in the lawyer-client
relationship. Unlike tangible goods that can be repossessed upon
failure to pay, usually the client reaps the benefit of the
lawyer’s intellect and services, which cannot be repossessed by the
lawyer. I find often that clients believe, for instance, that
payment for drafting of an agreement is contingent on whether or
not the transaction with the third party goes through. This is a
classic example of the A-B-C relationship. As children, we would
say to intruders/third parties in a discussion, “This is between A
and B, so C your way out of this.” The agreement between lawyer and
client for fees to draft an agreement is between A and B. Unless
otherwise agreed, the success of the transaction between the client
and the third party (the party entering into contract with the
client) is the C that should be kept out of the A and B
agreement.

So, lawyers owe clients disclosure on their fees, clear bills,
and in turn clients should settle their bills promptly. Your lawyer
also has bills to pay!

Confidentiality

The lawyer is under a duty to preserve the client’s confidences.
All information about the client obtained in the course of the
lawyer-client relationship cannot be revealed to third parties
without the permission and/or consent of the client or under an
order from a court. This duty extends to the employees of the
lawyer and survives the termination of the lawyer-client
relationship.

Conflicts of interest

The lawyer’s interests, or the interests of their associates,
must not conflict with those of the client. A lawyer should
discontinue the relationship if he discovers that a conflict of
interest arises because of a relationship with another client
(former or current). At the very least, the lawyer must inform the
client of the potential conflict as soon as they become aware of
it.

Taking and following instructions

Lawyers work under the instructions of the client. The lawyer
must promptly and efficiently carry out the instructions of the
client provided they are in accordance with the law. The client
cannot expect the lawyer to break the law on their behalf.

Note here that lawyers are not permitted to make “housecalls.”
Except in special circumstances, like the age or state of health of
the client, or for some urgent reason preventing the client from
being at the lawyer’s office, the lawyer is not allowed to go to
the client’s house or place of business to give advice to or take
instructions from the client.

Clients’ money

Apart from monies for fees and reimbursement of expenses, monies
received from or on behalf of the client are held by the lawyer on
trust for the client. Those monies should not be co-mingled with
the lawyer’s other funds. Such monies should be held separately in
a special account and accounted for to the client. Also, such
monies must not be expended without the permission of the
client.

Communication

The lawyer owes the client regular and clear, written updates on
the progress of their matter. The client in turn must promptly
communicate to the lawyer any changes or information concerning
their cause. There is a mutual duty of respect and courtesy
although as the professional, the lawyer bears a heavier burden in
this mutual duty. Clients may get frustrated once in a while and
may not be on their best behaviour. The lawyer must be patient in
assisting the client to understand the law and the legal processes,
and in managing their expectations.

Enforcement of duties

There is a Legal Practitioners Disciplinary Committee charged
with ensuring that lawyers uphold their duties to their clients and
to the profession.

The lawyer-client relationship can be described as a fiduciary
relationship – the client places his trust and good faith in the
conduct of the lawyer. The lawyer is expected to act with the
utmost respect for the relationship; and may not make personal
gains with information acquired because of that relationship,
without full disclosure.

Lawyers owe a duty to their clients – generally, lawyers are to
avoid conflicts of interest with the client’s affairs; to act
honestly and with due skill and diligence; to communicate clearly
and honestly with clients; to follow clients’ instructions; and to
act in the best interest of clients.

Establishing a relationship

When a lawyer is employed in a matter, he is under a duty to
diligently assess the client’s cause and make an honest
determination of its merits, whether there is indeed a legal claim,
the best way to pursue the claim, and the probable result of any
action taken. A lawyer should not encourage a claim with no merits
just for an opportunity to bill the client. The lawyer must also
refrain from making promises on outcomes that are beyond their
control. Where the matter can be resolved through a fair
settlement, the lawyer is expected to advise the client to avoid or
end litigation if it has begun.

Fees

Lawyers owe their clients a duty of disclosure with regard to
their fees. Clients should know upfront what they will be charged
for legal services and what expenses can be expected for each
service. The lawyer is expected to send regular bills, clearly
setting out charges for each service performed. Lawyers are not
allowed to take on the expenses of litigation – the client is
responsible for such expenses/costs – the lawyer may, in good
faith, advance the cost of those expenses as a matter of
convenience but the client is expected to reimburse the lawyer.

Clients are under a duty to pay for the services of their
lawyer. Although professional rules discourage lawyers from suing
for their fees, a lawyer can take legal action for their fees to
prevent injustice or fraud. Subject to these conditions, a lawyer
can commence legal action one month after the delivery of their
bill to the client (personally or to their last known address).

Payment for fees can be problematic in the lawyer-client
relationship. Unlike tangible goods that can be repossessed upon
failure to pay, usually the client reaps the benefit of the
lawyer’s intellect and services, which cannot be repossessed by the
lawyer. I find often that clients believe, for instance, that
payment for drafting of an agreement is contingent on whether or
not the transaction with the third party goes through. This is a
classic example of the A-B-C relationship. As children, we would
say to intruders/third parties in a discussion, “This is between A
and B, so C your way out of this.” The agreement between lawyer and
client for fees to draft an agreement is between A and B. Unless
otherwise agreed, the success of the transaction between the client
and the third party (the party entering into contract with the
client) is the C that should be kept out of the A and B
agreement.

So, lawyers owe clients disclosure on their fees, clear bills,
and in turn clients should settle their bills promptly. Your lawyer
also has bills to pay!

Confidentiality

The lawyer is under a duty to preserve the client’s confidences.
All information about the client obtained in the course of the
lawyer-client relationship cannot be revealed to third parties
without the permission and/or consent of the client or under an
order from a court. This duty extends to the employees of the
lawyer and survives the termination of the lawyer-client
relationship.

Conflicts of interest

The lawyer’s interests, or the interests of their associates,
must not conflict with those of the client. A lawyer should
discontinue the relationship if he discovers that a conflict of
interest arises because of a relationship with another client
(former or current). At the very least, the lawyer must inform the
client of the potential conflict as soon as they become aware of
it.

Taking and following instructions

Lawyers work under the instructions of the client. The lawyer
must promptly and efficiently carry out the instructions of the
client provided they are in accordance with the law. The client
cannot expect the lawyer to break the law on their behalf.

Note here that lawyers are not permitted to make “housecalls.”
Except in special circumstances, like the age or state of health of
the client, or for some urgent reason preventing the client from
being at the lawyer’s office, the lawyer is not allowed to go to
the client’s house or place of business to give advice to or take
instructions from the client.

Clients’ money

Apart from monies for fees and reimbursement of expenses, monies
received from or on behalf of the client are held by the lawyer on
trust for the client. Those monies should not be co-mingled with
the lawyer’s other funds. Such monies should be held separately in
a special account and accounted for to the client. Also, such
monies must not be expended without the permission of the
client.

Communication

The lawyer owes the client regular and clear, written updates on
the progress of their matter. The client in turn must promptly
communicate to the lawyer any changes or information concerning
their cause. There is a mutual duty of respect and courtesy
although as the professional, the lawyer bears a heavier burden in
this mutual duty. Clients may get frustrated once in a while and
may not be on their best behaviour. The lawyer must be patient in
assisting the client to understand the law and the legal processes,
and in managing their expectations.

Enforcement of duties

There is a Legal Practitioners Disciplinary Committee charged
with ensuring that lawyers uphold their duties to their clients and
to the profession.