Here we look at five key principles which govern a solicitor’s duties and how they are related.If you are looking for a London law firm, you can find the websites of firms such as //www.forsters.co.uk/ online.
Solicitor’s retainer
The courts have reached decisions on the advice the solicitor has been retained to provide, settled when instructions are given by the client. The overriding principle was set out by Lord Justice Jackson in the Court of Appeal decision in Minkin v Landsberg practising as Barnet Family Law 2015.
Reasonably Incidental Matters
Jackson LJ referred to the “starting point” for duties, but some reasonably incidental matters may extend these. This means they may need to point out to clients any matters they have discovered in their retainer which may impact the client’s interests.
Level of required detail
Reasonably incidental matters are still the start of a solicitor’s duty, but the experience of the client may also be important. An experienced client should be expected to be aware of ancillary issues, but those not familiar with a legal process may need further explanation.
Non-legal matters are not included in advice
A solicitor is not bound by a duty to advise on non-legal issues, since these fall outside their expertise. For example, they would not have a duty to offer opinions on house prices or interest rates.
The exception of inexperienced clients
Solicitors may have a duty to advise on the wisdom of a transaction when dealing with inexperienced or vulnerable clients if they have discovered the deal is unwise for the client.