EPR 1 - Lawyer-Client Relationship Formation

A lawyer-client relationship begins when a client retains or employs a lawyer, either for contentious (dispute) or non-contentious (transactional) matters.

In legal disputes, a client is anyone who hires or might hire a lawyer, or who might pay for the lawyer's services.

In matters not involving disputes, a client is anyone who hires a lawyer for transactional activities, like contracts or corporate matters.

A lawyer's obligation to their client supersedes their duty to the court unless otherwise outlined.

A legal professional is bound to fulfill their duties towards their client. Duties are governed by Professional Conduct Rules and other laws

This section outlines who is considered a client, distinguishing between contentious (disputes) and non-contentious (transactions) cases.

A lawyer-client relationship ceases to exist at a point when the lawyer has finished all responsibilities related to the case, either a dispute or agreement.

A retainer created by the actions of the parties, rather than a formal agreement. A lawyer’s conduct suggests they're working for someone, even if it wasn't explicitly stated.

Lawyers have a duty to all beneficiaries present during a meeting, even if not the primary client. This duty arises from the lawyer's actions.

Assessing if a contract exists based on observable facts and circumstances, rather than the parties' secret intentions. This is how the court determined a retainer, from a neutral perspective.

An action a seasoned lawyer takes on behalf of an unknown party, implying that the lawyer acts as a legal representative.

The factors, like payment, instructions, and past relationships, considered when deciding if a lawyer should have known they were acting for other beneficiaries.

A legal case where an implied retainer was held to have occurred because of specific actions (legal documents).

A lawyer should realize they have a duty towards multiple beneficiaries; They must recognize when they are acting on behalf of someone other than the person giving them instructions.

The court ruling that the solicitor owes duties to those beneficiaries present at a meeting. This applies even if other parties were only present.

The expectation that a retainer existed, as judged by the actions and circumstance of multiple parties.

Clients may consider a lawyer their solicitor if actively involved in the transaction, even without formal agreement.

Lawyers may owe a duty of care to those who are not their formal clients, under common law.

A lawyer's negligence in drafting a will can expose them to liability to intended beneficiaries.

Lawyers may be held liable to compensate intended beneficiaries who suffer losses due to errors in will preparation.

This refers to a lawyer officially representing a client.

Mortgage transactions, part of larger commercial deals often require legal expertise.

A higher court ruling establishing a duty of care for lawyers in specific legal matters.

Legal precedents from England relevant to a particular legal concept.

A lawyer's failure to exercise reasonable care in their professional duties, potentially leading to negative outcomes for their clients.

A client can end a lawyer-client agreement at any time, for any reason.

A lawyer must withdraw from representing a client under specific rules, often found in professional conduct rules.

Lawyers have responsibilities to former clients, including providing reasonable notice, allowing time for a new lawyer, and cooperating with the new lawyer.

Factors used to decide if an implied retainer exists, such as communication and actions that indicate agreement.

Solicitors must take precautions when preparing wills for clients with suspected mental health issues.

Assessing a client's mental ability to understand a will or legal document.

Be cautious when taking instructions from beneficiaries to avoid conflict of interest.

If a testator's mental capacity is in doubt, a doctor must verify their mental fitness to sign a will.

Solicitors must ask specific questions to determine a testator's understanding of the will.

When a testator is amending a previous will, the solicitor should verify the testator's awareness of revoking the old one.

Solicitors should maintain records of their meetings with testators to preserve accurate documentation.

Solicitors must ensure their authority to act on behalf of a party in a specific matter is explicitly established.

The case of Chi Moulin Muriel and Chi Carlene Carolyn highlights solicitor responsibilities in will preparation.

Diligent practice and precaution, especially in instances of potential conflict or when preparing wills.