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Instituting Proceedings - Coggle Diagram
Instituting Proceedings
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Client Care
Carrying out a clear policy for ensuring that all contacts made between a lawyer and client promote the development of a positive and fruitful relationship.
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Costs Disclosures
QLS client care rules require lawyers to advise clients re: costs at the initial interview.
Firms must have a client complaint handling procedure and a written agreement between firm and solicitor outlining the cost of the work and the fees and how they are calculated, what may be owed to the other side, and other professionals' fees.
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Letter of Demand
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May expose deficiencies in the instructions provided by the client, eg the defendant is dead
A failure to answer a letter of demand may amount to an admission of its correctness in certain circumstances: Thomas v Hollier (1984) at 157
Commencing Proceedings
Terminology
Action
Procedures which are based on the action contemplate that the dispute primarily concerns factual issues.
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Matter
Procedures based on the matter contemplate that the dispute predominantly involves the resolution of legal issues
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Derived from chamber jurisdiction, where the plaintiff applies to a judicial officer in chambers
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