Undersettling and other challenging client instructions

As a lawyer you have a duty to act in the client's best interests. Sometimes clients want us to act contrary to this duty. One of the most common examples is when a client wants to settle for less than the court would order or settling without having undertaken financial disclosure. Ultimately, we can do what the client wants, but there is a serious risk, and we are required to protect the client from decisions they may later regret. Without care, we can take on regulatory liability and negligence liability should a client ever argue that if we had explained matters more clearly to them, then they would have given different instructions. We have prepared the following Guidance Note and an example €˜disclaimer' that can be used if this situation arises.

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