Any relationship needs trust and openness on both sides to work. The client has a problem they cannot resolve themselves and the solicitor has the skill to assist with that problem. The solicitor, once engaged, is on your side.
Some people think that lawyers are too chummy with each other and become suspicious if they see their lawyer talking – or worse, laughing – with an opposing lawyer. Ireland is a small country; the number of places to study to become a solicitor or barrister is two – the Law Society and King’s Inns – so it is inevitable that in such a small community lawyers will know each other.
Clients take cases personally, that is not unusual. They feel aggrieved at a contract that was broken or some injury or cost to them caused by another person or company. But the lawyer takes an objective perspective. Lawyer X may represent you and Lawyer Y may represent the other party. Both may be social or sporting friends. They could play a round of golf together and never mention your case. Why? Well one reason is that they have at any one time dozens of clients’ cases at various stages of development but, most importantly, if they are not briefed by you to discuss the case with the other party, they won’t – trust. After all, they are probably on the golf course to get away from the clients.
A lawyer is not going to jeopardise their relationship with a client by doing solo runs without discussing it in advance with them. Conversely, a lawyer might ring their client and say they are matched to play golf with the opposing lawyer and ask the client shall they use the opportunity to raise their case and see what happens.
Lawyers act on the instructions of their clients. If they overstep that mark then they are in breach of their instructions and should be dismissed. The client must be informed at all times of contact with the opposing party.
Remember, lawyers act on information supplied to them. As the client, you need to ensure the information supplied is accurate. If you notice an error you should inform the solicitor of the error.
A client withholding information is not a good idea. A client may be embarrassed about some aspect and decide to ‘hold back for the moment’. But how can your lawyers advise you if you give incomplete information?
Withholding information may be innocent. A client may subjectively decide ‘this is not important’ and discard it. Let the lawyer be the judge of what is important and not important.
Clients’ ‘Do’ List
Clients’ ‘Don’t’ List