Client Care Letter

Dear Mr Smith,

Thank you for your instructions to advise by way of written opinion on the merits of a claim for breach of contract that your company, Rexpro plc, wishes to bring against Barkers Ltd.

I would be pleased to accept instructions from you on the terms set out in this letter. It is important that you understand what these are. If you agree with the proposed arrangement, please sign the enclosed copy of this letter and return it to me to record your agreement.

The basis on which I carry out professional work:

1. I am the only person you are instructing and I personally will do all the work needed under this arrangement. I am a sole practitioner although I practise with other barristers from a set of chambers (barristers’ offices).
2. If for any reason I cannot carry out all the work you are instructing me to do, or if I want to suggest that another barrister (instead of me, or as well as me) carries out the work for you, my clerk or I may propose this. However, another barrister will not carry out work for you unless and until you have agreed to an arrangement and have instructed the other barrister. If you feel that you would be happier with the services provided by an organisation (rather than an individual), you need to instruct a firm of solicitors.
3. There may be times when my professional commitments clash. If I identify a possible clash of commitments (meaning that I will not be able to work on your case), I will, with the help of my clerks, try my best to do the following.
   1. Warn you as soon as possible and ask you how you would prefer to continue. As a result, it would be helpful if you would give me a phone number where I would always be able to contact you.
   2. Suggest the name of another barrister within my chambers (of a suitable level of seniority and expertise), who is willing to accept your case under the same terms as this agreement. You would then need to decide whether you want to instruct that barrister.
   3. Help you find a barrister from other chambers if there is not a suitable barrister within my chambers, or if you do not want my chambers to continue working on your case.
   4. Discuss with you the costs of using another barrister.

   The work I will carry out:

4. The work you are instructing me to carry out is to provide a written opinion on the merits of a claim for breach of contract that your company, Rexpro plc, wishes to bring against Barkers Ltd.
5. If subsequent work is needed on this matter, this will be the subject of another letter of agreement between us.
6. Because I carry out all my work personally and cannot predict what other professional responsibilities I may have in the future, I cannot at this stage undertake that I shall be able to accept instructions for all subsequent work that your case may need.

   The range of barrister work:

7. I should explain to you the range of the work that barristers carry out, as well as the type of work they do not. Barristers advise on the law, draft documents for clients to use, and appear on behalf of their client before courts or other organisations. Barristers do not handle client money or undertake the administrative management of a case proceeding through a court.
8. Here are some examples:
   1. A barrister may draft a letter for you to send to another person. But a barrister may not conduct a course of correspondence with an opposing party on behalf of a client.
   2. If a witness statement is needed from you, a barrister may draft it from what you tell him or her. And a barrister may also help to finalise a witness statement from another person based on the information that person has provided. But a barrister may not himself actively collect evidence, for example by initiating contact with a possible witness.
   3. A barrister may advise you on the need for expert evidence and on the choice of a suitable expert. But a barrister may not instruct an expert on your behalf.
9. As you are instructing me without a solicitor, you must be sure that:
   1. You are able to do whatever is necessary for those matters that I cannot deal with; or
   2. You have made an arrangement with another person of suitable competence and experience to provide these services for you.

   Circumstances when I may not be able to act for you:

10. In all my professional work I must follow the Bar Code of Conduct. As a result, if I consider that a solicitor needs to be instructed in your own interests or for some other professional reason; I will no longer be able to act for you other than on the instructions of a solicitor. If I foresee that situation arising, I will give you as much notice as possible.
11. If you would like to investigate the possibility of your financial means being such as to bring you within the scope of public funding, you should contact a solicitor who undertakes work for the Legal Services Commission. This is because public funding is generally only available for work carried out for a client by a solicitor, who may in turn instruct a barrister.

    My availability:

12. As I carry out all my professional work personally, there will be times when I am not available to you. For example, if I am in court for a day or for several days in a row, I may be totally unavailable to all other clients during that time. My clerks can be contacted during normal office hours. However their duties are purely administrative. They can not give you advice and they cannot discuss your case with you. Any additional instructions must be sent in written form, either by letter, fax or email.

    Fees:

13. My fee for this work will be £XXX plus VAT.
14. Under this contract, your company is responsible for paying my fees.
15. If you owe me any fees and do not pay them for more than three months after I give you a fee note, interest will be payable at 2% above Barclays Bank base rate from 28 days of the date of the fee note.

    Documents:

16. You and I agree that:
    1. I am entitled to keep copies of any documents you give me for my own professional records, however I am not obliged to do so.
    2. You will provide me with copies of documents rather than originals. In the event that a document is not capable of being copied you will contact my clerks to make arrangements for the delivery and safe return of the document.
    3. You will provide me with a typed List of Documents which sets out the name or description of each document that you have supplied me with.
    4. If I need to make copies of documents that you supply me with I can charge a reasonable photocopying fee.

    General obligations:

17. The information which you give me will be received in professional confidence. The only exception is that statutory and other legal requirements may cause me to disclose information which I have received from you to governmental or other regulatory authorities and to do so without first obtaining your consent to such disclosure or telling you that I have made it.
18. The contract we are making between us will be governed by English law, and any dispute will be subject to the jurisdiction of the English courts.

    Complaints:

19. I hope you will be happy with the professional services I provide. However, if you are not satisfied, you should first refer the matter to my chambers in line with my chambers’ complaints procedure. If you would like a copy of the complaints procedure, please ask me.
20. If for any reason my chambers’ complaints procedure is not able to deal with the problem, you may make a complaint to the Legal Ombudsman.

Please sign and return a copy of this client care letter.

Yours sincerely