By Adele Greenough, partner – client care and RTA at Legal Futures Associate Express Solicitors

Greenough: Honesty is crucial
Personal injury claims are often a complex and emotionally charged process for those involved. As a legal professional, providing excellent client care is not just about adhering to ethical obligations; it is also crucial to the success of the claim and the satisfaction of the client.
The quality of client care can significantly influence the client’s experience, their perception of the legal profession, and ultimately the outcome of the case.
It is helpful to remind ourselves of the fundamentals of good client care in the context of personal injury claims, with reference to the Solicitors Regulation Authority (SRA) code of conduct.
One of the essential requirements of good client care is understanding the unique needs and circumstances of each client. Personal injury cases often arise from distressing and traumatic events, and it is important for legal professionals to approach each case with empathy and sensitivity.
From the outset, it is essential to listen carefully to the client’s account, understand the full impact of the injury on their life, and appreciate their expectations regarding the claim.
Keep it simple
Effective communication is key to achieving this. Legal jargon and complex procedures can easily overwhelm clients, particularly when they are already dealing with the physical and emotional consequences of their injury. Therefore, it is important to explain the legal process in clear, plain language, ensuring the client fully understands each step of their claim.
According to the rule 8.6 of the code, solicitors must ensure that they provide clients with information in a way that can be understood, taking into account the client’s circumstances and any particular needs.
A common complaint among clients in personal injury cases is a lack of communication from their solicitor. Regular updates are vital, even if there is no significant progress to report. Knowing that their case is being actively managed provides reassurance to the client and helps to build trust in the solicitor-client relationship.
At the start of the case, it is useful to agree on a communication plan, setting expectations for how often updates will be provided and through what medium (e.g., phone, email, or face-to-face meetings). This approach ensures that the client feels involved and informed throughout the process.
The code highlights the importance of keeping clients informed about the progress of their matter, ensuring that they are updated in a timely manner, and explaining any decisions that need to be made.
Managing expectations
Managing client expectations is another critical aspect of good client care. Clients may have unrealistic expectations about the value of their claim or the speed at which it will be resolved. It is the solicitor’s responsibility to provide a realistic assessment.
This involves being upfront about potential challenges and the likelihood of success. If there are aspects of the claim that are uncertain or contingent on further evidence, the client should be made aware of these factors from the beginning. Managing expectations effectively can prevent disappointment and dissatisfaction later in the process.
Transparency is a key element in building trust with a client. This includes being clear about costs from the outset. Personal injury claims often involve ‘no win, no fee’ agreements, but it is important that the client understands what this means in practice, including any deductions from their compensation to cover legal fees or other expenses.
Rule 8.7 of the code requires solicitors to ensure that clients are fully informed about the likely overall cost of their matter, including any potential liability for the costs of the other party if the claim is unsuccessful.
Honesty is best policy
Honesty is also crucial when discussing the merits of the case. If the solicitor believes that the claim is unlikely to succeed, they should advise the client accordingly, even if it means losing the client’s business. Ethical practice and honesty should always take precedence over financial considerations.
This aligns with rule 1, which mandates that solicitors act with honesty and integrity at all times.
While solicitors are not expected to moonlight as therapists, it is imperative that they must recognise the emotional toll that a personal injury claim can take on a client. Showing empathy and understanding can go a long way in providing the support that clients need during a difficult time.
It is also important to be patient and understanding if the client’s emotions impact their decision-making. In such cases, the solicitor should guide the client with care, ensuring that they are making informed decisions that are in their best interests.
Competent legal representation is, of course, a basic requirement of client care. Solicitors handling personal injury claims must have the necessary expertise and experience to manage the case effectively. This includes staying up-to-date with changes in the law and best practices in personal injury litigation.
Clients rely on their solicitor’s knowledge and skills to achieve the best possible outcome. Therefore, continuous professional development and a commitment to excellence in legal practice are essential components of good client care.
Good client care in personal injury claims is about much more than just providing legal advice. It is about understanding and addressing the client’s needs, maintaining open and honest communication, managing expectations, and providing competent and ethical representation.
By focusing on these fundamentals, solicitors can ensure that their clients feel supported and valued throughout the claims process, ultimately leading to better outcomes and higher levels of client satisfaction.
The principles of empathy, transparency, and professionalism should guide every interaction with the client, helping to build a relationship of trust and confidence that is essential for the successful resolution of personal injury claims.
Ensuring compliance with the SRA code of conduct at each stage further enhances the quality of client care, reinforcing the solicitor’s commitment to ethical and professional practice.
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