Managing a Legal office - How to Start Running a Law office/firm

...

Held:

On the facts of the case, KPMG had not shown that they can provide the protection to which the Prince is entitled to ensure no confidential information is disclosed and so the injunction should be granted to prevent further work on the BIA investigation yet allowing KPMG to continue its audit function for the BIA.

Koch Shipping Inc v Richards Butler 2002

The claimants in an arbitration sought orders with regard to a solicitor who had moved to the opponent’s firm of solicitors, but who came with privileged knowledge of the claimant’s business dealings. She offered undertakings, but the claimant viewed these as inadequate. The respondent firm of solicitors appealed an order to withdraw from the action.

The Court of Appeal discharged an injunction restraining her new firm from acting for the claimant in the arbitration action, since it concluded that the risk of her disclosing confidential information was fanciful.

Rakusen v Ellis Munday & Clarke 1912

The facts of that case were unusual. It concerned a small firm of solicitors with only two partners who carried on what amounted to separate practices, each with his own clients, without any knowledge of the other's clients and with the exclusive services of some of the clerks. The plaintiff consulted one of the partners in relation to a contentious matter. After he had terminated his retainer, the other partner, who had never met the plaintiff and was not aware that he had consulted his partner, was retained by the party opposite in the same matter.

The Court of Appeal found that there was no risk of disclosure of confidential information and discharged the injunction.

Principle - The injunction was refused. There was no general rule that a solicitor, having acted for some person either before or after litigation could not act for the opposite side. Each case depends upon its own facts. The court must be satisfied in each case that ‘mischief would result from the solicitor acting’, for the new client before an injunction would be granted.

*Challenged by Prince Jefri’s case

This was challenged by counsel for Prince Jefri, who contended for an absolute rule, such as that adopted in the United States, which precludes a solicitor or his firm altogether from acting for a client with an interest adverse to that of the former client in the same or a connected matter. In the course of argument, however, he modified his position, accepting that there was no ground on which the court could properly intervene unless two conditions were satisfied: (i) that the solicitor was in possession of information which was confidential to the former client and (ii) that such information was or might be relevant to the matter on which he was instructed by the second client. This makes the possession of relevant confidential information the test of what is comprehended within the expression "the same or a connected matter." On this footing the Court's intervention is founded not on the avoidance of any perception of possible impropriety but on the protection of confidential information.

7. Accounts

- Disbursements and client’s account

- Master file with accounts clerk

- Individual file to have copies of all receipts, bills, vouchers

- Registered as ‘Closed File & Stored’

8. Closing a File

Bar Council Rulings 14.08 – Clients’ Files

(1) An Advocate and Solicitor may proceed to close a client’s file after he/she has finished the work and the client has settled the bill.

(2) When a file is closed, the client is entitled to receive the original cause papers, the originals or file copy of all correspondence (including those between lawyers and court) and all original or stamped copies of documents executed by him/her.

Bar Council Rulings 18.01 – Guidelines for Disposal of Files

There is no hard and fast rule governing the period for retention of files by Solicitors before destruction. However, the Bar Council recommends the following guidelines:

(a) Conveyancing files - 12 years;

(b) Litigation:

(i) General litigation - 6 years;

(ii) Unenforced judgment - 2 years from date of judgment;

(c) Probate and administration - 12 years;

(d) Family matters - 6 years;

(e) General matters - 6 years.

9. Authority to Sign

Bar Council Rulings 14.02 – Signing of Letters

(1) Subject to paragraphs (2), (2a) and (3) of this Ruling, all letters, correspondence or communications issued or sent out on a law firm’s letterhead must be signed by an Advocate and Solicitor having a current practising certificate. In particular but without affecting the generality of the foregoing, it is improper to issue or send an unsigned demand notice (whether computer-generated or otherwise).

(2) Any letter, correspondence or other communication which is purely administrative in nature and does not contain any advice on law, may be signed by a duly authorised person other than an Advocate and Solicitor. The name and designation of the signatory shall be stated below the signature.

(2a) Computer-generated reminders in respect of unpaid bills need not be signed.

(3) All correspondence from an Advocate and Solicitor or his/her office shall bear the complete postal address for service, as well as the telephone and facsimile numbers of the principal office and if such correspondence is from a branch office, the complete postal address as well as the telephone and facsimile numbers of that branch office.

(4) A duly authorised person may sign receipts on behalf of the firm.

To Build a Better Law Office

1. Eliminate Waste

- If it does not add value, it is a waste.