A busy legal office sees many clients and takes many instructions throughout the working week. It is important to take appropriate, detailed instructions from each client and record them clearly and concisely. This allows the swift and efficient progress of the matter as the instructions are readily converted into the documents and actions required.

Having all details available on file immediately after the initial conference means the information is accessible to other team members who might be required to work on the matter, avoiding the need for unnecessary follow-ups with the client. When properly completed, the retainer instructions are a complete record of the scope of work to be done.

The retainer instructions for wills matters, for example, may even be signed as an informal will where necessary, for seriously ill clients or where a time lapse between taking the instructions and executing the will is expected, as they represent a clear statement of the client’s wishes and an accurate record of the issues discussed and advice given.

Clear and detailed initial instructions also allow the relevant information to be loaded into the LEAP matter when it is opened so that By Lawyers precedents populate automatically with the relevant matter information via LEAP’s smart software, so firms save time and make money.

By Lawyers retainer instructions are drafted and regularly reviewed by experienced, practising lawyers and conveyancers to ensure they cover all relevant areas and collect all necessary information. They provide an accurate and logical framework for the instructions tailored to the matter type and are updated when the law or practice changes.

The retainer instructions deliver all the latest information to the practitioner’s fingertips. For example, scale fees for estate matters, order of succession on intestacy, stamp duty amounts for first home buyers, blood alcohol levels and penalties for drink driving offences, and much more. They include relevant reminders and tips for the practitioner taking instructions about the important legislative and procedural details to cover for each area of law.

Every By Lawyers matter plan has a retainer instructions precedent unique to that matter type. Where necessary, some have several variations. The Criminal Law guides, for example, have retainer instructions specific to traffic matters and bail applications.

When it comes to claims against solicitors, the rule of thumb is:

• Good instructions = good defence;
• Bad instructions = bad defence; and
• No instructions = no defence!

Unlike a notepad or a practitioner’s memory, a retainer instructions precedent document clearly records and demonstrates the depth of the interview and what information was or was not relevant. By providing a comprehensive written record of the instructions taken and the advice given, the retainer instructions precedent acts as a vital risk management tool.

While retainer instructions precedents are extremely useful when taking instructions for less commonly practised matter types, they are equally important in the firm’s common areas of law. Knowing the questions to ask a client is a different thing to being able to establish what questions were asked if there is a dispute about the instructions taken, the advice given, or the extent of the retainer. Completing the retainer instructions provides peace of mind – and is precisely the sort of evidence that is most likely to protect the firm in the event of a claim.

By Lawyers retainer instructions help firms manage their clients, their matters, and their risk.

Location in LEAP

The retainer instructions can be found in Getting the matter underway in every matter plan.

A library is also available in folder A. The Compliant Practice of the Practice Management guide.