Duties to Clients
Solicitors have a duty to act in the best interests of their clients free from any influence other than their duties to the Court and the law.
A solicitor may keep a client’s documents and money held in trust for that client until paid in full. This right is called a “lien”. There are exceptions to the right.
Solicitors need to be very careful when instructions for a client are provided by a third party such as a family member.
BlogFAQ
- Can I assert a lien against a former client who has issued a subpoena to produce his or her client file?
- Can I assert a lien over a client’s passport?
- Can I assert a lien over an original will?
- Can I assert a lien over the file of a totally legally-aided client?
- Can I destroy client files after 7 years?
- I am asserting a lien on a file. The client has asked for documents or information from the file. Do I have to comply?
- I have received instructions from a third party (eg. a relative of my client). Can I act on them?
- What if I have a lien but am offered some form of security for my unpaid costs?
- Where a client owes money on one matter and asks for the file along with files of other matters do I have a lien on these files?
