Guidelines For Legal Practitioner

DUTIES & RESPONSIBILITIES OF A LEGAL PRACTITIONER(LP), CANDIDATE LEGAL PRACTITIONER(CLP) & PARALEGALS(PL) WHEN CARRYING OUT INSTRUCTIONS OBO A CLIENT

Introduction

The business of a law firm is to render legal services on behalf of their clients on whose written mandate they act. The client employs the services of a legal practitioner & the latter act at the behest & pleasure of the former. This relationship is akin to that of an Employer & Employee relationship where the former hires the latter to render services in return for remuneration.

Clients are therefore essentially in the positions of employers & we are effectively their employees. The termination of this relationship can be at the instance of either party & unlike ordinary employment contracts that are governed by the labour laws & must follow certain procedures to effect termination, these types of relationships are governed by the relevant Codes & legislative prescripts that govern the legal profession & the procedure to terminate them is uncomplicated.

A termination of a LP `s mandate by a client is often a reflection of the poor service that the LP is rendering towards the client or poor or lack of communication from the LP or LCP. It is also very important to know that the very existence & survival of a legal practice is premised on receiving instructions from clients without which the firm will cease to exist. During the course of this paper, I intend to deal with the concept of Client Care which has a huge bearing on the responsibilities of the LP & CLP`s towards a client. I owe my gratitude in drafting these guidelines to the Client Care Handbook by James Alexander, whom I have quoted extensively in these guidelines.

1. CONDUCT OF LPS & CLP` TOWARDS THE CLIENT
   It is important at the outset to refer to an extract from the Code of Conduct of the LPC in order to have a full understanding of the responsibilities if a LP & CLP towards a client.

    

   Legal practitioners, candidate legal practitioners shall

   1. maintain the highest standards of honesty and integrity.
   2. uphold the Constitution of the Republic and the principles and values enshrined in the Constitution, and without limiting the generality of these principles and values, shall not, in the course of his or her or its practice or business activities, discriminate against any person on any grounds prohibited in the Constitution.
   3. treat the interests of their clients as paramount (emphasis)
   4. honour any undertaking given by them in the course of their business or practice, unless prohibited by law.
   5. refrain from doing anything in a manner prohibited by law or by the code of conduct which places or could place them in a position in which a client’s interests’ conflict with their own or those of other clients. (my emphasis)
   6. maintain legal professional privilege and confidentiality regarding the affairs of present or former clients or employers, according to law.
   7. respect the freedom of clients to be represented by a legal practitioner of their choice.
   8. retain the independence necessary to enable them to give their clients or employers unbiased advice.
   9. advise their clients at the earliest possible opportunity on the likely success of such clients’ cases and not generate unnecessary work, nor involve their clients in unnecessary expense.
   10. use their best efforts to carry out work in a competent and timely manner and not take on work which they do not reasonably believe they will be able to carry out in that manner.
   11. remain reasonably abreast of legal developments, applicable laws and regulations, legal theory and the common law, and legal practice in the fields in which they practise.
   12. behave towards their colleagues, whether in private practice or otherwise, including any legal practitioner from a foreign jurisdiction, and towards members of the public, with integrity, fairness and respect and without unfair discrimination, and shall avoid any behaviour which is insulting or demeaning.
   13. refrain from doing anything which could or might bring the legal profession into disrepute.
       
       
2. CLIENT CARE
   The success of every business depends largely on how it treats or cares for its clients. Client care guidelines helps foster a meaningful, positive & fruitful relationship. Whilst it is the responsibility of every employee to observe & practice client care from the cleaner, security guard right up to the Directors, in this discussion, I will limit the scope to LP& CLP.

    

   1. a. Client`s expectations.
      Here are some of the client`s expectations as set out in the Client Care handbook by James Alexander

       

      1. The LP or CLP must be available at times determined by the client
      2. Friendly, non-threatening, attentive & not too judgmental LP or CLP.
      3. Client needs to feel important, that he/she is the only concern of the Attorney when being seen and that the matter at hand is recognized as being of the utmost importance.
      4. There is an expectation that there will be a warm & helpful greeting on arrival.
      5. Client will hope to find evidence of trust developing between client and the LP or CLP.
      6. Client will undoubtedly be looking for a caring approach.
      7. There will certainly be a hope that a strong & effective relationship will develop between the parties.
         
         
3. PROFESSIONALISM
   Clients have strong expectations about the professionalism of the lawyer they choose/brief. Professionalism entails that the standard & quality of services provided are of a level that could be expected of professional practitioners who maintain ethical standards, objectivity and independence and whose skills and knowledge cannot be challenged. Clients will hold the following expectations:

    

   1. Their case will be satisfactorily & within a reasonably time be determined & worked for
   2. The best outcome will be achieved compatible with the level of skill & knowledge applied
   3. The lawyer will be committed to their cause
   4. They will receive regular feedbacks
      
      
4. QUALITY SERVICE
   
   1. Quality emphasises the need to meet client expectations
   2. Quality means improved service & helps differentiate a firm from its competitors
   3. Quality helps develop client loyalty
   4. Quality service to clients promotes efficiency & saves costs
      
      
5. PERSONAL ORGANISATION & TIME MANAGEMENT
   Every fee-earner & member of the staff owes it to themselves to be orderly in conducting the day`s business. Much time is wasted by failure to plan for work, arrange meetings correctly, use diaries effectively, control consultations or quite hours for writing/drafting & reading. Such is the nature of the Attorney`s work that mismanagement of self can only lead to the client being hurried or dealt with cursorily, with instructions being very poorly taken & vital clues being missed.
   
   
6. PRIORITISING
   Prioritizing is a difficult task but one which is vital for presenting a professional approach. We owe it to our clients to be available when needed (compatible with all your other duties) and doing things in the right order can greatly help your personal management. Prioritize your tasks based on urgency & importance from tasks at the start of the day which will set you up for the rest of the day. Organizing your work could also be done based on simplicity or complexity of the task at hand. Starting with simple tasks helps unclutter your desk & day. Always ensure that the difficult or knowledgeable client`s matter is dealt with to avoid receiving upsetting calls from this client as it will only serve to ruin your day & defocus you from your daily schedule.
   
   
7. TEAMWORK
   Whilst each LP attends to their respective clients` matters, there is a need for the support of a team of other colleagues, be they fellow fee- earners, secretarial or administrative staff. None can do without the other and it is presumptuous for anyone of them to assume that they can.

    

   The success of the firm, particularly when measured in terms of the care extended to clients, is completely depended on the effective cooperation of all tasked with a particular matter. You work as a team. Each member of the team will have a specific role to play & an exclusive area of knowledge & skill; each will need the support & encouragement of the rest; each is dependent on others for proper & effective communications.

   When delegating work explain to the recipient of the work, in clear, simple & understandable terms what is expected of them & by when .DO NOT DELEGATE TO SOMEONE WHO DOES NOT HAVE THE KNOWLEDGE OR RESOURCES TO CARRY OUT OR COMPLETE THE JOB. Always inform the clients if their matters are allocated to a new colleague or if there are likely to be delays attributable to the reallocation.

8. COMMUNICATION
   
   1. Assertiveness and aggression
      It is important to distinguish between “assertiveness”, non- assertiveness” & “aggression”.

       

      1. Assertive behaviour communicates a feeling of self-respect & a sense of respect for others.
      2. Non-assertive behaviour communicates a feeling of non-worth, inadequacy, inferiority & inability to cope.
      3. Aggressive behaviour communicates a feeling of disrespect & superiority by disallowing choice in others.

      Assertion is therefore an expression of confidence. Your client expects you to be professional (positive, impartial, ethical, objective & probably assertive) at all times whilst being attentive & caring.

   2. Difficult clients
      Difficult or obstreperous clients deserve care, particularly if it will help calm down the situation.

       

      1. Talkative clients must be kept in check. Rambling & uncontrolled digression can cloud issues & add unwanted detail. Sometimes the cause of the client being loquacious may be attributed to you showing signs of indifference, apathy, or boredom.
      2. Clients who talk less may be embarrassed, pained by the topic or lack of grasp of the discussion. You must change the style or pace & encourage them to explain their reticence. It may as well be that your behaviour is intimidating, overawing, or frightening them.
      3. Clients may not listen, particularly if your advice is not what they expected. This may be challenging to CLPs or newly admitted LPs whose experience & depth of knowledge may be impugned. Do not become defensive! Reaffirm your strengths & re-emphasize your commitment to the client’s problem.
      4. Clients may withhold or doctor the truth or may present conflicting statements. Quality of the service you are rendering to the client requires that you know the whole story. Ask questions to unearth the truth & find reasons for the duplicity & clear the contradictions. Could it be your conduct that makes the client to withhold information?
      5. Clients may be aggressive for many reasons, and you must be alert & alive to all clues of aggressive behaviour & resort to compassion & benevolence to restore calm.
      6. Highly distressed clients tend to break down in your presence. Always endeavour to return the situation to calm by changing or modifying the topic or changing your style of questioning to a more direct & less narrative style. Do not become emotionally involved in your client`s case & breakdown with your client!
         
         
9. DISASTERS
   Carl Rodgers in his book “On becoming a Person” said that to offer help you had to be totally non-judgmental, completely emphatic & always congruent in your feelings & utterances. When presented with someone else`s disaster you must remain dispassionate & very alert to feelings & sensitivities. Empathy is feeling with, not feeling for-that is “sympathy”. You need to apply the following skills to deal with your client`s disaster:

    

   1. Patience & calmness to listen to the story.
   2. Guidance in steering the conversation & heading towards resolution.
   3. Excellent listening skills to sift essential elements from the surrounding emotional embellishments.
   4. Ability to harness additional resources if necessary.
   5. Personal resolve not to take up causes for reasons other than offering legal advice.
      
      
10. DELEGATION
    As alluded to in paragraph 7 supra, the process of rendering professional legal services to our client involves a multidisciplinary team and relies of the synergy amongst all participants for its success. Everyone is part of the provision of legal services at various stages & in varying capacities. However certain duties & responsibilities are reserved for specific members of the team in line with their job descriptions. The following areas warrant specific mentioning:

     

    1. Consultation with clients
       Only LPs, CLPs & Paralegals may, in terms of the rules of LPC conduct a consultation with a client to the exclusion of all others. Legal Secretaries must never consult with clients or explain legal issue to clients in person or telephonically. That is the preserve of professionals who are entitled to charge a fee for it. You will not be able to justify a fee where your secretary carried out the function reserved for you if such a fee is contested or brought before the LPC committee.
       
       
    2. Feedbacks or Updates
       
       1. LPs, CLPs, PLs
       2. Legal Secretaries roles in this regard must be restricted to communications related to:
       1. scheduling appointments,
       2. requesting further information from the client,
       3. informing clients of appointments or trial dates
       4. Updating clients on progress made regarding obtaining documents such as police reports, hospital records, pay slips etc. The list is not exhaustive.
       5. Legal secretaries may not be tasked with communicating complex legal issues to clients or be requested to respond to colleagues` s correspondence or address letters to external stakeholders except when standard templates are used
       6. iii. Filing Clerks must under no circumstances perform any function in relation to the client`s matter other than those stated in their job description. They must not perform any administrative or communication function on the file other than in accordance with their KPAs. They may not carry out functions specifically reserved for Legal Secretaries

    When delegating work explain to the recipient of the work, in clear, simple & understandable terms what is expected & by when .DO NOT DELEGATE TO SOMEONE WHO DOES NOT HAVE THE KNOWLEDGE OR RESOURCES TO CARRY OUT OR COMPLETE THE JOB.

    Always inform the clients if their matters are allocated to a new colleague or if there are likely to be delays attributable to the reallocation.

2021/08/01
M MPHELA MD
MPHELA & ASOCIATES ATTORNYES INC