ABSTRACT
How many times after listening patiently to a client’s tale of woe have you asked, ‘Did you get it in writing?’ How many times have you seen the shrug and heard the sad but almost inevitable reply, ‘Well, it seemed all right at the time.’ How many times have you advised the client, ‘It all depends on what the contract says’? How many times have you explained to your client that a contract does not necessarily have to be in writing but that it’s better to have something in writing to avoid problems of evidence? How many times have you then allowed the client to leave your office and then permitted yourself to commit large amounts of time and responsibility doing work on his case without a written agreement about the contractual terms? What does your contract say about the work to be done? What does it say about the charges? What does it say about the timescale? Why didn’t you get it in writing? Why don’t we do what we advise our own client’s to do? It’s an indefensible position from both a legal and a client management point of view and needs remedying for the benefit of both the solicitor and his client.
