Clients ignoring your advice

When it appears that a client may go against your advice or does do so, you are put in an invidious position. How can you comply with your duties to act in the best interests of the client and continue to act? How can you protect the firm from a claim or a complaint: no matter what you say, the client may still say you failed to ensure they understood their own folly.

Reasons why a client may go against your advice include the following:

• The client may not understand complex legal advice or may be too emotionally involved in the case.
• Incomplete instructions from the client may lead to misunderstandings about the advice given.
• The client may accept the risks of ignoring the advice if they believe the benefits outweigh potential consequences.

If you find yourself in this situation, you need to stop and take certain precautionary measures.

Recommended steps include:

• Communicate clearly with the client, reiterating advice and documenting discussions in writing.
• Assess the client's understanding and mental capacity, ensuring they are fully informed before proceeding.
• Suggest further work or obtaining a second opinion if necessary and document all.

You will also need to consider whether you can continue to act:

• Consider the SRA Principles and whether your client's decision conflicts with your professional obligations
• You can end the retainer on reasonable notice and for good reason e.g. if the relationship has broken down or if the client's actions create a conflict.

Further work:

• If the client wants to proceed against your advice, subject to the above, you may be able to agree in writing on a new scope of retainer
• Provide fee updates and estimates for any additional work required.

A client ignoring legal advice may lead to a negligence claim, so the importance of clear communication and documentation cannot be overemphasised. You should read this note and feel free to call the General Counsel to discuss.