Solicitors
Provide legal advice, prepare legal documents, conduct negotiations on behalf of clients on matters associated with the law, and plead cases before civil, criminal and industrial courts and tribunals.
A Monday full of other people's problems
You are a solicitor at a small suburban law firm, with six client matters on your desk and a hearing on Friday. It is 8:30am on Monday. Your inbox has forty new emails. A client is waiting at reception without an appointment, and you have just remembered a deadline that falls today.
Choose what you would do. Then see what happens. There are often good reasons for each choice.
I need to know right now whether I can fire my business partner and keep the company. I've been told you're the one who knows. I'm not leaving until I get an answer.
Give him a quick answer based on what he has told you, so he can leave happy and get back to work
He acts on your quick answer and fires his partner. The partnership agreement says otherwise, and the dispute that follows is much more expensive. Advice needs the documents.
Tell him you can't help without his documents, and ask him to come back another day when you have them
You are careful, but he leaves frustrated and without a plan. A short meeting to set out the steps would have given him some direction.
Give him ten minutes, explain what you need to see and when he will hear back
He hands over the partnership agreement the next morning. You give him real advice within two days. He didn't get an instant answer, and he got a proper one.
I've just noticed something. Two weeks ago I filed a document late for the Chandra matter. I think it's within the rules, but only just, and I'm not sure. I should have told you sooner. I'm so sorry.
Check the rules together, tell your supervising partner and be honest with the client
The filing turns out to be valid, but the client appreciates hearing it from you. Paula learns that speaking up was the right move, even if late.
Tell Paula not to worry, since it is probably fine, and not mention it to anyone else in the firm
It might be fine, but you have taken a risk with a client's matter and with your professional duties. If the problem surfaces later, you will wish you had said something.
Check the rules yourself, find that it is fine and tell Paula to be more careful with deadlines
The matter is fine, but nobody has told the client or your supervisor. Paula feels told off, and she becomes less likely to tell you about the next small slip.
I'd like you to act for me against my landlord. He's refusing to fix anything. I've heard you also act for him on other matters. That shouldn't be a problem, should it?
Tell her that it is fine because they are separate matters
You may be able to act, but you have not looked at the question properly. If you act for both sides, one of them may be harmed. This needs a careful check before you answer.
Check whether there is a conflict, tell her honestly what you find and refer her elsewhere if you must
You are honest and careful, but you may not have told her soon enough. She has lost a day before finding another lawyer.
Tell her you need to check for a conflict first, and promise her an answer today
You find there is a conflict, and you refer her to another firm that afternoon. She loses only a few hours. Acting for someone against another client is a serious risk, and checking first is the rule.
How it went
The deadline was met, the late filing was handled openly and a conflict was avoided. Solicitors help people through some of the biggest events in their lives, with careful reading, plain explanations and honest advice. Could you be the person who reads the fine print for others?
This is a simplified, fictional situation to help you explore. It is not professional instruction or a test of your ability.
Case study: The lease that looked fine
A fictional case set in a small suburban law firm acting for local families and small businesses.
The situation
Kwame was a solicitor in a small firm. A baker, Mrs Hassan, brought him a lease for a new shop and said she was keen to sign that week because another baker was interested. The lease looked ordinary at first glance. Buried in the middle was a clause that would let the landlord raise the rent sharply after the first year, with no limit. Mrs Hassan did not want to hear that her dream shop might be a problem.
What they did
Kwame explained the clause in plain words and showed her what it could mean for her business in the second year. He did not tell her what to do. He suggested she ask the landlord to cap the increase, and offered to write the request for her. He made it clear that the decision was hers, that the other baker might get the shop, and that he would support whichever choice she made.
How it turned out
The landlord agreed to a limit on increases, though it took two weeks. Mrs Hassan signed after the delay and the other baker took a different shop. A year later she came back to the firm to sign a lease for a second shop.
What would you do?
- How would you tell a client something they do not want to hear?
- What is the difference between giving advice and making the decision for someone?
- Would you enjoy reading carefully for details that others miss?