Study Set Content:
21- Flashcard

Who?

  1. Plaintiff/Defendant
  2. Can they ve sued
  3. How do we cite them
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22- Flashcard

What?

  1. What are the facts of the case
  2. Do these facts constitute a cause of action
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23- Flashcard

When

When must action be instututed

when was action instutued

are there any statutory law requirements

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24- Flashcard

Where?

Which court has the authority to adjudicate the matter

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25- Flashcard

Which

Which procedural steps do we take?

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26- Flashcard

Stage 4: Advising

  1. Must effectively communicate to client nuances of profession in understandable non-technical terms
  2. Preliminary advice and further research
  3. Competent opinion
  4. You should never overstate the merits of a clients cas in order to reassure them
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27- Flashcard

Stage 5: Take Instructions

  1. Lay all options on the table - positives + negatives
  2. Refuse to make decisions on clients behalf
  3. Set expectations
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28- Flashcard

Responsibilities of attorney after consultation

  1. Client must have a clear understanding of procedure to follow
  2. Confirm consultation and instructions in writing asap
  3. Set out the procedure to be followed step by step
  4. Emphasise to client that the resolution of their matter requires theit co-operation
  5. Clarity is key
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