Question

Justin Trudea has had some difficulty with his small business due to the Covid-19 pandemic and is needing some legal advice. There have been some rumours in the small town he lives in about his financial difficulties. Justin is anxious about keeping his good reputation and wants the matter dealt with as soon as possible. He makes an appointment to see one of the local solicitors for some help. He knows this solicitor as she has acted for another member of his family a couple years ago. Justin arrives at the offices of Lawlass Solicitors. Patrice is the principal lawyer and her legal executive is Becks. Becks is a recent graduate of Toi Ohomai and is learning the processes and procedures of Lawlass Solicitors. Patrice and Becks bring Justin into one of the meeting rooms. Becks listens to the initial discussions that takes place. The first discussion revolves around the retainer/terms of engagement that Becks understands is the foundation of the lawyer-client relationship. The retainer gives rise to both contractual and fiduciary duties that the lawyer, and by association, the legal executive, owe to the client. Becks vaguely remembers learning about all these documents when studying the client care rules but can't remember the details.

Patrice and Becks have a responsibility to provide all clients with certain information throughout the professional relationship. With reference to the SPECIFIC Lawyers: Conduct and Client Care Rules 2008 (CCCR), describe these rules in detail ( paraphrase your understanding of the rule/don't just copy and paste) by explaining how and what information must be provided and disclosed to Justin at each stage of the client relationship:

At the commencement of the retainer (HINT: there are at least 4 specific rules/details required)

Answer 1

At the commencement of the retainer, according to the Lawyers: Conduct and Client Care Rules 2008 (CCCR), Patrice and Becks must provide Justin with information regarding the nature and scope of the legal services to be provided, the manner and basis of fees, and any conflicts of interest that might arise. Additionally, they must inform Justin about his right to a written costs agreement, explain how costs will be determined, and discuss the way information will be communicated between them.

Step-by-step explanation:

The Lawyers: Conduct and Client Care Rules 2008 (CCCR) mandate that at the start of the retainer, specific details must be provided to the client. This includes outlining the nature and extent of the legal services to be provided, ensuring clarity on the services Justin can expect. Patrice and Becks need to communicate how fees will be calculated and the basis upon which they'll be charged, ensuring transparency in billing practices. Also, they should discuss any potential conflicts of interest that might arise during the representation, maintaining integrity and transparency in their dealings.

Moreover, under the CCCR, Justin must be informed of his right to a written costs agreement, empowering him with a formal document outlining the agreed-upon services and associated costs. This ensures both parties are on the same page regarding financial expectations. Additionally, they should establish communication protocols, discussing how information will be exchanged between the client and the legal representatives, ensuring smooth interaction and understanding throughout the professional relationship. These rules aim to promote clarity, transparency, and informed decision-making at the onset of the lawyer-client relationship.