9. Providing Services to the Public

Question 1

What is the first thing you must identify in any matter?

Answer 1

Who you are acting for

Question 2

Informing Client of Regulation

What things must you inform the client of at the outset?

Answer 2

1. How the services are regulated
2. How this affects protection available to the client
3. Which activities will be carried out by you

Question 3

Informing Client of Regulation

What must you not hold out your business as being?

Answer 3

Authorised by the SRA when this is not the case

Question 4

Keeping Client Informed About the Matter

How must you give information to clients?

Answer 4

In a way they undertand such that you ensure they are able to make informed decisions

Question 5

Keeping Client Informed About the Matter

What must a client be able to make informed decisions about?

Answer 5

1. The services they need
2. How they matter will be handled
3. The options available to them

Question 6

Keeping Client Informed About the Matter

How is communication of information to a client likely to be tested?

Answer 6

Client complains they didn’t understand the letter

Question 7

Keeping Client Informed About the Matter

What information must a client receive about pricing?

Answer 7

The best available information about:

1. How the matter will be priced
2. Likely overall cost, both at engagement and as matter progresses

Question 8

Keeping Client Informed About the Matter

What must you do if it becomes apparent initial costs will increase?

Answer 8

Notify the client and do not wait until the end of the matter

Question 9

Complaints Handling

What three things must a client be informed of in writing at the outset?

Answer 9

1. The right to complain
2. How and to whom complaints can be made (in firm)
3. The right to complain to the Legal Ombudsman

Question 10

Complaints Handling

When also must you inform the client in writing of the right to complain to the Legal Ombudsman, the timeframe for doing so, and full contact details for the LO?

Answer 10

When a client’s complaint has not been resolved to their satisfactionby the firm within eight weeks

Question 11

Complaints Handling

What three things must a client be informed of if your complaints process is exhausted after the eight week period?

Answer 11

1. That you cannot resolve the complaint
2. Name and website of appropriate dispute resolution body
3. Whether you agree to use the scheme operated by that body

Question 12

Complaints Handling

How should complaints be handled?

Answer 12

Promptly, fairly, and free of charge

Question 13

Publicity

What must you ensure that publicity in relation to your practice is not?

Answer 13

Inaccurate and misleading

Question 14

Publicity

Is public advertising e.g. on billboards allowed?

Answer 14

Generally, yes

Question 15

Publicity

What can you not do?

Answer 15

1. Make unsolicited approaches to members of the public in order to advertise legal services
2. Advertise in a targeted or intrusive way

Question 16

Publicity

What is an exception to the rule that you may not make unsolicited approaches or advertise in a targeted way?

Answer 16

You may approach current and former clients to advertise legal services

Question 17

In what order should a client complain?

Answer 17

Firm first, then legal omb

Question 18

What are some of the requirements for making a complaint to the legal ombudsmun?

Answer 18

1. Must have exhausted own firm’s procedure first
2. Must make complaint within 6 months of hearing outcome of previous complaint

Question 19

Can you post leaflet’s advertising legal services through doors?

Answer 19

Yes- this is not targeted/ an unsolicited approach. That refers to approaching people in the street.