Not all business is good business

Too many times, solicitors tell their professional indemnity insurer that they suspected the client who caused their claim would be 'difficult'.


Such statements immediately raise the question: 'Why did you take on the client in the first place?' Once a claim has occurred, the main aim should be to review what happened and wherever possible try to avoid the situation happening again. The best way to prevent taking on difficult clients is to vet thoroughly any new client through a strict risk assessment procedure.


There are some simple questions you need to ask yourself before undertaking any instructions from a new client.


First, establish who the client is. This may seem straightforward enough, but problems can arise if there is more than one interested party, such as a husband and wife, business partnership or multiple siblings. More than one interested party can lead to the client having an internal conflict of interest and a solicitor being caught not knowing who requires the advice. Clients can even make their initial instruction with a conflict already apparent and this should ring alarm bells, but solicitors should also assess the potential for a conflict to arise in the future.


Next, ask yourself why the client has approached you. Take into consideration geographical issues such as location and proximity, and use the firm's procedures to identify any issues relating to money laundering as soon as possible. If you don't have one, you should implement an anti-money laundering process immediately.


Never take on clients if you don't feel that you will be able to act for them. Establish their expectations at the outset and carefully manage them throughout your relationship. Be aware of the potential for a client's brief to change and assess whether you have the skills, resources and time to properly service the client's needs.


Finally, ask yourself a crucial question: 'Do I want to act for this person or people?' Sometimes we feel flattered and obliged to take on clients because they have approached us. Consider the timeliness of the instruction (the shorter the deadline, the more chance for error) and if the client has a problematic history with the firm or another firm.


The decision to act for a client is up to you, and solicitors should take care to assess if it is in their best interests and indeed, in the best interests of the client, before they act and create a duty of care.


This column was prepared by AFP Consulting, a division of Alexander Forbes Risk Services UK