Q&As

Is there a standard form of wording that could be used for signature by clients who wish to instruct us to proceed with a particular course of action contrary to our advice, or acknowledging that it might not achieve the outcome they seek?

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Published on LexisPSL on 13/03/2017

The following Practice Compliance Q&A provides comprehensive and up to date legal information covering:

  • Is there a standard form of wording that could be used for signature by clients who wish to instruct us to proceed with a particular course of action contrary to our advice, or acknowledging that it might not achieve the outcome they seek?

Is there a standard form of wording that could be used for signature by clients who wish to instruct us to proceed with a particular course of action contrary to our advice, or acknowledging that it might not achieve the outcome they seek?

We do not have a standard form of wording of this kind on Lexis®PSL. These sorts of situations tend to be highly fact specific, and the advice given to the client will depend on a number of factors including the:

  1. nature of the work being carried out

  2. scope of work for the matter in question

  3. stage the matter has reached, and

  4. identity and level of sophistication of the client

Areas for consideration might include:

  1. whether the client’s instructions will cause the firm or solicitor to breach any of the Solicitors Regulation Authority principles and therefore whether the firm can continue to act at all—for example, the duties to uphold the rule of law and the proper administration of justice and to act with integrity (Principles 1 and 2) will usually take precedence over the duty to act in the best interests of the client

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