Third-party client supporters

It is very common for clients to seek moral support from friends and family members while they are going through a difficult situation, such as a divorce, a bereavement or losing their job. You need to consider how this affects your professional duties, your duties to the court and the firm's risk profile (see Third party reliance). There are particular arrangements that can be made for a litigation friend, that is more formal and not the subject of this section. This section deals with third parties seeking to accompany your client to meetings with you and to be copied to emails.

There are specific restrictions in family proceedings as to what information a party can share with others (see Family Practice Direction 14E). Family proceedings are secret and so the choice of client supporter is more limited.

You should think carefully before allowing a third party to attend meetings or have access to information relating to the proceedings. You should ask your client about who they propose as their supporter and why. You should only allow a client supporter where you think it will help the client give you proper instructions. There are many pitfalls to watch out for.

If you decide to allow a client supporter, then only allow one close friend or family member (which should be the same person throughout, save for the most exceptional circumstances, e.g. death, emigration) where you think it is necessary. It is not uncommon in a divorce for the prospective spouse to be the proposed client supporter. If so, you'll need to consider whether that would be appropriate and might need to discuss that with the client. The danger is that they may have a personal interest in the divorce/separation, and if so, may influence the client to take a view they would otherwise not take. If the client supporter is the prospective spouse, then you might want to consider whether there will be a pre-nup as part of whether you consider you can allow them to attend meetings with you.

You should not allow a party with a material interest in the matter to be the client supporter because, if the client later changes their mind, they may seek to blame you for allowing the client supporter to attend or for your taking instructions from the client supporter and not from them. So, wherever the client has a client supporter directly involved, you must be especially vigilant for client instructions that are not in the client's best interests.

You need to avoid people who might pass on confidential information. This may waive privilege and cause all manner of practical issues. You should also avoid client supporters who might seek to act as an adviser (thus do not allow anyone with a relevant specialist skill, e.g. financial adviser, tax, valuer, accountant, and also avoid other lawyers).

Before agreeing to allow a third party to have some involvement, you should discuss the following with your client:

1. Why do they need support?
2. Who do they want to support them?
3. Why that person? Are they suitable?
4. Everything must remain confidential. Privilege will be lost if not and that might also breach court and professional rules.
5. Any involvement must solely be for their support and must be necessary.
6. They may only ask one other person to have some involvement.
7. That person's involvement must be limited to providing support.
8. Any support must not adversely affect your instructions from your client. Watch out for indicators that the client supporter is influencing the client's decisions.
9. There are certain matters and meetings that are not suitable to be discussed with or attended by any third party. Your decision on these is final. Practically, you might also not wish to involve a client supporter in your fee discussions with your client.
10. The third party supporter should sign our Third Party Client Supporter Declaration before any involvement commences. That has been drafted assuming the matter is a divorce, a few small changes will be needed to re-purpose it.

There is a Family CPD session on this you might want to listen to for further detail.