Rule B4: Client Communication

4.1 In this rule 4, unless the context otherwise requires, terms listed in the first column of rule 4.1 shall have the meanings respectively ascribed to them in the second column of that rule:

Term

Definition

advice and assistance

advice and assistance as defined in section 6(1) of the 1986 Act to which Part II of the 1986 Act applies

client

a person who instructs a regulated person or to whom a regulated person tenders for business

legal aid

the meaning given to it in section 41 of the 1986 Act

special urgency work

the meaning given to it in Regulation 18 of the Civil Legal Aid (Scotland) Regulations 2002 (SSI 2002 No.494)

 

4.2 When tendering for business or at the earliest practical opportunity upon receiving instructions to undertake any work on behalf of a client, you shall provide the following information to the client in writing:

(a) an outline of the work to be carried out on behalf of the client;

(b) save where the client is being provided with legal aid or advice and assistance, details of either-

(i) an estimate of the total fee to be charged for the work, including VAT and outlays which may be incurred in the course of the work; or

(ii) the basis upon which a fee will be charged for the work, including VAT and outlays which may be incurred in the course of the work;

(c) if the client is being provided with advice and assistance or legal aid-

(i) where advice and assistance is being provided, details of the level of contribution required from the client, and

(ii) where civil legal aid, special urgency work or advice and assistance is being provided, an indication of the factors which may affect any contribution which may be required from the client or any payment which may be required from property recovered or preserved;

(d) the identity of the person or persons who will principally carry out the work on behalf of the client; and

(e) the identity of the person whom the client should contact if the client becomes concerned in any way with the manner in which the work is being carried out.

4.3 Where a client regularly instructs you in the same type of work, he need not be provided with the information set out in rule 4.2 in relation to a new instruction to do that type of work, provided that he has previously been supplied with that information in relation to a previous instruction to do that type of work and is informed of any differences between that information and the information which, if this rule 4.3 did not apply, would have been required to be provided to him in terms of rule 4.2.

4.4 Where there is no practical opportunity for you to provide the information set out in rule 4.2 to a client before the conclusion of the relevant work for that client then that information need not be provided to that client.

4.5 Where a client is a child under the age of 12 years then the information set out in rule 4.2 need not be provided to that client.

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