Civil litigation by Kevin Browne, (Associate professor in law); Margaret J

By Kevin Browne, (Associate professor in law); Margaret J Catlow

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Example Assume you attend a new client called Mrs Freeman. She wants to claim under a contract she entered into with Megawindows (Mythshire) Limited. First, we need to ask: in what capacity are we acting for Mrs Freeman? Is she an individual who entered into the contract on her own behalf? Was she acting as an agent for her principal? Is she a trustee acting on behalf of a trust? Is she, say, one of a hundred partners in a firm, and did she contract on behalf of the partnership such that the partnership is our client?

The key task for a solicitor is to set about collecting relevant evidence. Never delay taking a statement, known as a proof of evidence, from the client and potential witnesses. Memories fade and evidence has a nasty habit of vanishing. So, if a person has a story to tell or documents that might help, get that information quickly. 4 Costs Of course, the client will need to know from the outset how his legal costs are to be calculated and paid for. 4. 5 Limitation and jurisdiction You also need to address the questions of limitation and jurisdiction.

Considerations at the First Interview Including Funding the Claim 21 If a firm of solicitors advises a client on and/or arranges AEI cover for a client, the firm must either be regulated by the Financial Service Authority (FSA), or be registered with the FSA’s Exempt Professional Firm’s register to engage in insurance mediation work (this also includes other types of insurance policies, such as defective title indemnity insurance). A firm on the FSA’s Exempt Professional Firm’s register should note the following when advising or arranging AEI cover for a client: (a) By the Solicitor’s Financial Services (Scope) Rules 2001, rule 4(c), it must account to the client for any pecuniary reward or other advantage which the firm receives from a third party.

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