M1 - Learner Manual

5. The Provision of Legal Information to the Client

It is imperative to understand what outcomes the client believes can be delivered as well as their expectations. It is also imperative the client understands what expectations their lawyer may have of them, and what they will be required to do to ensure their matter progresses satisfactorily. Once a common understanding is reached a strong communication relationship can begin.

The following list provides communication recommendations specifically for lawyers interacting with clients. These involve the following:

1. Keep up regular communication with clients – notify them of any developments and updates to progress. 
2. Make every effort to explain things clearly.
3. Legal terms and processes that are common to lawyers but foreign to most clients may need to be explained. Seek feedback that demonstrates clients have understood key terms or processes.
4. Establish practice management systems that enable efficient procedural responses to queries and complaints. 
5. Keep all matters confidential and refuse to act for anyone else if doing so may compromise that confidentiality. 

Effective communication also involves being considerate of a client’s concerns and priorities and practising good management and administration.

It is important that your client is given accurate legal advice and information about their options so that they can make an informed decision, and provide their lawyer with instructions on that basis. Legal advice includes information about what laws apply, and what a person’s rights and responsibilities are in a particular situation. It may be that a lawyer provides a combination of written and oral legal advice to assist a person in making a decision. 

Depending on the type of case there may be a range of advocacy options available. For example:-

A lawyer may firstly try to negotiate on behalf of their client to resolve a matter without the need to go to court. 

In other cases, mediation, family dispute resolution or conciliation may be an option. Obviously there are some cases where the case must be resolved in court. 

There are also options available during a court case. The client must clearly understand their rights and different strategies available so that they can instruct their lawyer about how they want their case run. 

It some cases it may be appropriate to write a submission to a government department. This can be done on behalf of an individual or in some cases it may be on behalf of a group of affected people. 

In some cases there may be an issue that arises in relation to a conflict of interest. Usually this matter is resolved at the beginning of a case when an organisation first agrees to assist a person. However, there are some cases where a conflict of interest arises after the first meeting or whilst the case is on foot. If this happens it is very important that this information is clearly communicate to the client and an appropriate referral is made so that they can access assistance from another legal service. 

There are other situations where it may be appropriate to refer your client to another service who may be better placed to assist. It may be that they have special needs or vulnerabilities. It may be that the organisation has specialist skills that can best help your client. For example:- 

• Your client may have a mental health problem and need assistance from a specialist service before you can help them.
• You may need to refer you client to a counselling service or domestic violence support service.
• The Australian Human Rights Commission might be in a better place to conciliate a Disability Discrimination matter. 
• Your client may need to detox from drugs or alcohol before they can provide instructions and properly understand your legal advice. In which case a referral to an appropriate service is required. 
• Your client might feel comfortable engaging with Indigenous Service providers. 
• Your client may be a juvenile and need to be referred to some youth services. 
• A homeless client will need to be referred to some crisis accommodation services. 

In each of these examples you would need to explain your concerns with your client and provide them with the information about the referral service. They may or may not wish you to make the referral. In your discussion with them you need to reiterate your confidentiality obligations and seek permission to disclose any information and to act on their behalf in any way. Once you have made the referral make sure you provide your client with all the important information they will need to follow up on the referral.