Strong open question
“What are the issues that brought you here today?”
Strong question to ensure you’ve covered everything
Are there any other specific concerns that you wish to raise?
What client care issues need to be covered in the interview?
- Cost of the interview, hourly rates and potential fixed fee/fee estimate
- Estimated timeframe
- Client ID: we need to see the original
- Contact details for us and for the client
Ethics
- Act with integrity, honesty, independence
- Always act in best interests of the client
- Do NOT make misrepresentations → cannot tell the client they have good chances of success at trial if they don’t
- Be an ethical negotiator
PCON issues to look for
- no ID with them;
- contract race;
- acting for buyer and seller;
- source of wealth;
- reasonable adjustments required;
- undertakings;
- capacity
Examples of reasonable adjustments
- Blind client → suggest enlarged font or braille;
- Suggest reasonable adjustments for clients with mobility issues attending court
- Translator
Etridge guidelines
A party who is providing their signature in respect of a loan over joint property must receive ILA
How to explain the Etridge guidelines in a client-friendly manner
“in these types of transactions I am obliged to meet with your partner in person to explain the detail and effects of them agreeing to the loan. Unless I do this, the lender will not be prepared to proceed with the loan. Can you discuss this with your partner and let me know when would be a convenient time for them to come in?”
How to explain to a client that you cannot facilitate a contract race
“Unfortunately, I will not be able to proceed unless all parties are informed of the other prospective buyers. I could be found to be in breach of the Solicitors’ Code of Conduct. If I didn’t tell the buyers about the change of the situation, I would be misleading them. I hope you understand. Are you happy for me to disclose the contract race to all involved parties?”
What should you say if a buyer client asks you to inflate the value of chattels to reduce the SDLT payable?
“I can see how that might reduce the amount of SDLT payable, However, the Inland Revenue are astute to people doing this and so we should make sure that the amount claimed for the value of the chattels can be justified. I would suggest obtaining a valuation of the chattels, perhaps from the estate agent.”
You should always ask if the buyer/seller or landlord/tenant is a
company
Key qs to ask re a business tenancy
- Is it contracted out of the LTA 1954?
- Good relations?
- Any breaches of repair/rent etc.?
