Solicitor Disclaimers - A Guide for Family Lawyers

Introduction

There have been more cases recently of clients suing their lawyers for malpractice, because they realised they made the wrong choice during their divorce. Many clients want to reach the end of a divorce more than they want an advantageous outcome, and it is only after the process is over that they benefit from hindsight and decide that what they did was a bad decision.

Solicitors have become more and more flexible with preparing settlements, often looking towards the unbundling process, and drafting consent orders without recognising that they are making themselves vulnerable in the future.

Whilst unbundling should be encouraged as a more accessible form of legal advice, solicitors must also ensure they remain compliant with Solicitors Rules and protect themselves from any future unhappy clients.

This virtual classroom seminar will explore the different issues to be aware of, how to prepare a disclaimer, and the best way to raise this with clients during a case.

What You Will Learn

This live and interactive session will cover the following:

• Recent case law
• Lewis v Cunningtons Solicitors [2023]
• Minkin v Landsberg
• Limiting your retainer
• Unbundling
• Clear breakdown of advice being given
• Failing to advise a client even in the absence of disclosure
• General principles of MCA
• What you can put in a disclaimer
• Pensions
• Specific assets
• Spousal maintenance
• Children
• When should a disclaimer to be signed
• Before making an offer
• Before preparing a consent order
• Before filing a consent order?
• Should you be acting for this client?
• Are they rushing you?
• Are they contradicting themselves?
• Have they acknowledged your concerns?
• Why do they want to avoid disclosure?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.