Contents

i

Table of Statutes

Table of Secondary Legislation

Chapter 1: Introduction to Client Care

1.1 Introduction1.2 SRA Handbook1.2.1 Principles1.2.2 SRA Code of Conduct 20111.2.2.1 Chapter 1: Client care1.2.2.2 Chapter 2: Equality and diversity1.2.2.3 Chapter 3: Confl icts of interests1.2.2.4 Chapter 4: Confi dentiality and disclosure1.2.2.5 Chapter 5: Your client and the court1.2.2.6 Chapter 11: Relations with third parties1.3 CILEx Code of Conduct1.4 Money laundering1.5 Summary

Chapter 2: Client Care in Practice

2.1 Introduction2.2 Professional conduct – the fi rst interview2.3 First interviews2.3.1 Preparing for the interview 2.3.2 Gaining information in an interview2.3.2.1 Preliminaries2.3.2.2 Asking for information2.3.3 Giving advice2.3.4 Ending the interview2.4 The client care letter2.5 Follow-up meetings2.5.1 Diffi cult interviews2.6 Attendance notes and follow-up letters2.6.1 Tips on drafting an attendance note2.6.2 File maintenance2.7 Dealing with client complaints2.7.1 Types of complaint2.7.1.1 Inadequate service2.7.1.2 Negligence2.7.1.3 Misconduct2.7.1.4 Criminal conduct2.7.2 Complaints management policies2.7.3 The complaints management process2.7.4 Responding to the client2.7.5 The Legal Ombudsman2.7.6 Further information2.8 Summary

Chapter 3: Legal Writing

3.1 Introduction3.2 What is good legal writing?

CONTENTS

ii

3.2.1 Grammar3.2.1.1 Double negatives3.2.1.2 Fewer/Less3.2.1.3 Me, myself and I3.2.2 Sentence construction3.2.3 Spelling3.2.4 Punctuation3.2.4.1 Full stops3.2.4.2 Commas3.2.4.3 Colons and semicolons3.2.4.4 Apostrophes3.2.5 Clarity of expression and explanation3.2.6 Jargon and technical terms3.2.7 Concision3.2.8 Audience and tone3.2.9 Structure3.3 Self-assessment questions3.4 Summary

Chapter 4: Negotiation

4.1 Introduction4.2 Outline of a negotiation4.2.1 The stages of negotiation4.3 Negotiation styles: positional bargaining and principled

negotiation4.3.1 Positional bargaining4.3.2 Principled negotiation4.4 Negotiation strategies4.4.1 Competitive strategy4.4.2 Co-operative strategy4.4.3 Collaborative strategy4.5 Progression and avoiding problems4.5.1 Taking a position4.5.2 Taking a hard stance4.5.3 Opponent is weak or ill-prepared4.5.4 Deadlock4.6 BATNA4.7 Medium of negotiation4.7.1 Settlement between clients4.7.2 Negotiation through correspondence4.7.3 Negotiation in person4.7.4 Negotiation via telephone4.7.5 Meetings between counsel4.7.6 Negotiation at court4.8 Preparing to negotiate4.8.1 Negotiation plan4.8.1.1 Objectives4.8.1.2 Analysis of the issues4.9 Summary

CONTENTS

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Answers to Self-assessment Questions

Appendix

Index

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Published in 2017 by:CILEx Law School LtdCollege HouseManor DriveKempstonBedfordUnited KingdomMK42 7AB

British Library Cataloguing in Publication Data

A catalogue record for this manual is available from the British Library.ISBN 978-1-84256-980-1