Client communication rules in force today

Solicitors now required to issue written letters of engagement for nearly all transactions

News, 1 August 2005

The Law Society of Scotland's new client communication practice rules, requiring solicitors to issue written letters of engagement which set out the costs and work agreed by the solicitor and client, come into force today, 1 August.

Introduced as part of the Society's continuing drive to ensure good practice within the profession and transparency for the consumer, the rules come with guidance notes already distributed to the profession. They require solicitors to provide their clients with information in writing at the earliest opportunity after receiving instructions, and preferably in a single document, about specific matters including:

· Details of the work to be done;
· An estimate of the total fee (including VAT and outlays) or the basis on which the fee will be charged;
· Details of any contribution towards legal advice and assistance or legal aid;
· Who will carry out the work;
· Who the client can contact if they are concerned about any of the work being done.

It should be made clear whether any figure stated is the final fee or an estimate, and the client should be kept informed of any increase in costs from the original estimate.

Exceptions apply where the same client regularly instructs the same solicitor in the same type of work, or where there is no practical opportunity to provide a letter before the conclusion of the work, or where the client is aged under 12.

Bruce Ritchie, Director of Professional Practice at the Law Society of Scotland, said: "Many solicitors already provide such information in writing and we have had rules about conveyancing work for some time, but making it a requirement for all ensures uniformly high standards throughout the legal profession and clients will know where they stand from the start.

"It simply makes good business sense. It is very important that all the information given to a client is clear and that any terms which are unfamiliar to the client are explained if necessary. Clients should also be advised on the potential consequences of late or non-payment for work carried out by their solicitor, i.e. that the solicitor may stop working on the client's behalf until payment has been made. This protects both parties and we hope will prevent the problems which can occur when solicitors have to withdraw at a late stage.

"It is important for some clients to be aware of what level of service they can expect for their fee - for example the client might want emails rather than phone calls at work - and this is something they could agree with their solicitor in writing at the beginning. The introduction of these practice rules will remove the potential for confusion or misunderstanding and should help reduce the number of complaints against solicitors."