Retainer instructions go beyond the basic information about the client; they are a tool enabling the practitioner to obtain all instructions necessary to advise the client in the relevant area of law and successfully conduct their matter.

The use of precedent retainer instructions ensures all important issues are considered, instructions which cannot be contradicted later are recorded, costs are discussed, and the scope of the practitioner’s retainer is clearly defined.

Retainer instructions precedents are at the heart of the By Lawyers system. They help law firms to operate with efficiency, confidence, and optimal risk management.

Efficiency

A busy practice sees many clients and takes numerous instructions throughout the working week. It is important to take appropriate, detailed instructions from each client and to record them clearly and concisely. This allows the swift and efficient progress of the client’s matter, as the instructions are readily converted into the documents and actions required.

Having all details available on file immediately after the initial conference means the information is accessible to other team members who might be required to conduct work on the matter, avoiding the need for any unnecessary follow-ups with the client. When properly completed, the retainer Instructions are a complete record of the scope of work to be done.

The retainer instructions for Wills Matters, for example, may even be signed as an informal will where necessary, for seriously ill clients or where a time lapse between taking the instructions and executing the will is expected, as they represent a clear statement of the client’s wishes, and an accurate record of the issues discussed and the advice given.

Clear and detailed initial instructions also allow the relevant information to be loaded into the LEAP matter when it is opened, so By Lawyers precedents automatically populate the relevant matter information via LEAP’s innovative software, so firms save time and make money.

Confidence

By Lawyers retainer instructions are drafted and regularly reviewed by experienced, practising lawyers to ensure they cover all relevant areas and collect all necessary information. They provide an accurate and logical framework for the instructions tailored to the matter type, and they are updated when the law or practice changes.

The retainer instructions deliver all the latest information to the practitioner’s fingertips; order of succession on intestacy, taxes for home buyers and so much more! They include relevant reminders and tips for the practitioner taking instructions about the important legislative and procedural details to cover for the area of law.

Every By Lawyers matter plan has a retainer instructions precedent unique to that matter type.

Risk management

When it comes to claims against lawyers, the rule of thumb is:

• Good instructions = Good defence;
• Bad instructions = Bad defence;
• No instructions = No defence!

Unlike a notepad or a practitioner’s memory, a retainer instructions precedent clearly records and demonstrates the depth of the interview and what information was or was not relevant. By providing a comprehensive written record of the instructions taken and the advice given, the retainer instructions precedents act as a vital risk management tool.

While retainer instructions precedents are extremely useful when taking instructions for less commonly practised matter types, they are equally important in the firm’s common areas of law. Knowing the questions to ask a client is different from being able to establish what questions were asked if there is a dispute about the instructions taken, the advice given, or the extent of the retainer. Completing the retainer instructions provides peace of mind – and precisely the sort of evidence that is most likely to protect the firm in the event of a claim.

Enjoy practice more

By Lawyers retainer instructions help firms manage their clients, their matters and their risk.