Study Set Content:
Who?
- Plaintiff/Defendant
- Can they ve sued
- How do we cite them
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What?
- What are the facts of the case
- Do these facts constitute a cause of action
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When
When must action be instututed
when was action instutued
are there any statutory law requirements
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Where?
Which court has the authority to adjudicate the matter
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Which
Which procedural steps do we take?
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Stage 4: Advising
- Must effectively communicate to client nuances of profession in understandable non-technical terms
- Preliminary advice and further research
- Competent opinion
- You should never overstate the merits of a clients cas in order to reassure them
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Stage 5: Take Instructions
- Lay all options on the table - positives + negatives
- Refuse to make decisions on clients behalf
- Set expectations
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Responsibilities of attorney after consultation
- Client must have a clear understanding of procedure to follow
- Confirm consultation and instructions in writing asap
- Set out the procedure to be followed step by step
- Emphasise to client that the resolution of their matter requires theit co-operation
- Clarity is key
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