Skills

Managing difficult clients

Family work is demanding in many ways that have nothing to do with the complexity of the black letter law. By their nature the family client is upset, distracted and being driven by emotional responses rather than logical ones. However, in the caseload of every family lawyer, there may be clients that seem hard to manage above all others. Recognising such clients and tailoring an approach to them can save the lawyer from unnecessary complaints and the client from much unnecessary cost.

Setting the scene with all clients at the outset of a case can help keep expectations at a manageable level, for example:

  1. dealing with the client calmly, with a determined focus on the issues that are legal, will ensure that all information is gathered at the outset

  2. initial instruction should be taken on a pro forma, which will help the solicitor stay on the necessary path to gathering full instructions

  3. it pays to ensure that the case is recognised

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Latest Family News

High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

Family analysis: In this Schedule 1 case the mother received, for her son’s benefit: a housing fund of nearly £1m (the property to be held on trust); child maintenance (including ‘HECSA’/carer’s allowance) until completion of his first degree; and lump sums in respect of his capital needs and her own substantial liabilities (chiefly relating to her unpaid legal fees). The father (whose resources could be measured in the ‘tens of millions of pounds’) had sought to prejudice the mother’s claims via transferring his valuable shares to family members, who then transferred the same into a trust structure (settled under Czech law). A further onwards transfer was then made of the trust’s assets into a Liechtenstein foundation. Inferences were drawn by the court in respect of the level of the father’s wealth, and specifically as to the value of the transferred shares. Detailed findings were made against him in respect of the identified transactions, which had been the focus of the mother’s section 423 application. Although a section 423(2) order was not actually made, the application was adjourned pending the father’s compliance with the award, with security in the sum of £600,000 also ordered, alongside a continuation of the freezing orders made earlier in the proceedings. David Wilkinson, solicitor at Slater Heelis, considers the issues.

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