Assessing, accepting and declining instructions

When a potential client approaches you with a new matter, you will need to consider whether you will accept the instructions. While you do so you are under no obligation to act, but you must not leave the client in any doubt that you are not yet acting. Be aware of any relevant time limits that may apply, as you may have an implied obligation to respond to the client within a reasonable period, taking into account any applicable deadlines.

The decision to accept or reject a new matter rests with the Pod Principal who will be responsible for the work. There are various factors addressed in this Manual and our policies, which set out instances where we may not act (e.g. conflicts of interest, sanctions, risk).

Before accepting a new instruction, you should be satisfied that you, and the firm, can comply with all applicable legal, regulatory and professional obligations in relation to the client and the matter. In particular, you should ensure that:

• the firm has the necessary expertise to deliver the required services;
• sufficient time and resources are available to support the engagement;
• the firm can act independently and in the client's best interests (see the guidance on Conflicts);
• our professional independence will be maintained throughout the engagement;
• the anticipated fees are fair and appropriate, reflecting the nature of the work required, the firm's position as a leading City law firm and that the client is able and willing to pay them; and
• a constructive and professional relationship can be established and maintained with the client.

In practice, instructions received from established clients may make the relevant assessment more straightforward; however, every new instruction must still be considered against the applicable legal, regulatory and firm requirements set out in this Manual and our policies.

You may be asked by a client to act on a matter which requires urgent work immediately. Immediacy is a risk factor and must be noted in the client/matter risk assessment. You should also:

• consider the reason for the urgency - it may suggest that this is a client for whom you do not wish to act;
• ensure you can produce the requisite quality of work in the timescale available;
• consider the team and any resourcing requirements and check their availability;
• ensure you first have adequate money on account if you do decide to act;
• make sure the client understands that we are not acting until we confirm that we are;
• ensure that you do not agree to provide more than can reasonably be delivered in our engagement letter or general correspondence- see the section on Last-minute instructions from clients.

If you are in any doubt about the above, you should discuss it with the General Counsel or simply decline to act. Save as set out above, you have considerable discretion when declining to act. However, you must ensure that your decision is not based on any reason prohibited by anti-discrimination, equal opportunities, or diversity laws.

It is fundamental to our business model, that colleagues only undertake work in which they themselves have a strong track record. Colleagues must only undertake work in an area where they have at least 5 years' directly applicable experience. Exceptions apply where colleagues have such experience in a directly comparable area and to areas which are not yet 5 years old. To the extent that any of the new retainer includes work where you are not a subject matter expert, then you must bring in a colleague who is. Where none of the matter falls within your core competence, then it is at your discretion as to whether you pass the matter over to a colleague entirely, or whether you work with that colleague in a client ownership capacity. If you choose the latter, you must ensure that your chosen subject matter expert has full conduct of all matters falling outside your core expertise and within theirs.