Explain how the firm should deal with the complaint from the clients in order to demonstrate best practice in relation to complaints handling.

Client Care Skill

Question 1

Gina Blair feared that a conflict of interests might arise between her clients in
relation to Marco’s storage rights and their business startup.

For the purposes of this question, assume that Gina has now seen the clients
and that there is indeed a conflict between them in relation to the storage rights,
but that they are now in agreement on all other issues, including the level of
their salaries.

Given the continuing conflict over the storage rights, explain whether Gina can
continue to act for the clients. Give full reasons for your answer and support
your explanation with the relevant provisions of the SRA Code of Conduct.


Question 2

Gina Blair found that her clients were encountering problems in contacting Brad.
He would not answer their letters or emails.

For the purposes of this question, assume that the clients have contacted Gina
and asked her to write to Brad about several issues concerning the restaurant.
They feel that Brad is less likely to ignore a letter from Gina.

Explain whether Gina can do as they have asked. Give full reasons for your
answer and support your explanation with the relevant provisions of the SRA
Code of Conduct.

Question 3
Assume that Gina Blair continued acting for the clients and that the purchase of
the restaurant has been completed. Gina Blair has sent the clients an invoice for
her professional fees.

Unfortunately, she has received an email from Steve saying that the clients are
unhappy about certain aspects of the firm’s service, and that they also think the
firm’s charges are excessive. They intend to make a complaint.

Assuming that a complaint is made:

(a) Identify the provisions of the SRA Code which govern how a client complaint
should be handled once it has been made.

Note: your answer to this part of the question must be confined to those
provisions which apply after a complaint has been made.

(b) Explain how the firm should deal with the complaint from the clients in order
to demonstrate best practice in relation to complaints handling.

Note: Your answer to this part of the question should be confined to the
firm’s handling of the complaint after it has been made. It should not refer
to possible external investigation by the SRA or the Legal Services
Ombudsman.

Question 4
HarringtonFinch is also acting for Charlie Phillips who is in the process of
divorcing his wife Ingrid. He has moved out of the family home and is currently
living in a rented flat. Charlie’s sister, Jade, has telephoned the firm, asking for
Charlie’s current address, as she says that she wishes to write to her brother.

Explain whether it is in order for the firm to give Charlie’s address to Jade. Give
full reasons for your answer and support your explanation with any relevant
provisions of the SRA Code of Conduct. If you think that the address should not
be given to Jade, what alternatives would you suggest?