Professional practice
21 Dec 06
Recent committee decision on the duty to meet a client before taking instructions on a will
Taking instructions for a will: duty to meet client?
The Professional Practice Committee considered a letter from a solicitors’ firm in respect of a promotion on behalf of a charity. The charity had circulated solicitors with a proposed pack for preparing wills. The costs indicated would not allow for a face to face meeting with clients. The solicitors were concerned that this would lead to a breach of the solicitor’s duty to the client, particularly new clients, and sought guidance on whether there is a duty to meet with a client before preparing a will.
The committee observed that the issues of capacity and identity would need an encounter with the client of such a nature that the solicitor could satisfy himself on these two matters. The nature of such an encounter would depend on the circumstances, including the solicitor’s previous knowledge and experience of the client. It was also observed that article 5(a) of the Code of Conduct states: “solicitors require to discuss with and advise their clients on the objectives of the work carried out on behalf of the clients and the means by which the objectives are to be pursued”.