Thursday, September 26, 2019

Legal skills assignment Essay Example | Topics and Well Written Essays - 1500 words

Legal skills assignment - Essay Example Under the Solicitors’ Code of Conduct 2007 Rule 1.05 it states 9. You must provide a good standard of client care and of work, including the exercise of competence, skill and diligence. Disciplinary action will not always follow where breaches of this duty are minor and isolated. At one point in the interview the solicitor is asked by the client to explain the time limits that the solicitor mentions. The solicitor in this case makes no effort whatsoever to explain the time limits and in fact seems to totally ignore the request for further information. As this was a specific request by the solicitor he should have explained the time limits straightaway or at least have told the client that he would cover this later. In explaining the time limits the solicitor should have explained that under the Limitation Act 1980 a claim has to be brought within 3 years of the date of the accident. The solicitor also spends time on telling the client about the number of accidents that occur as a result of people using mobile phones whilst driving. This is totally irrelevant in this case and would only be relevant if the solicitor were to be suggesting that the chances of success of the case were remote as very few cases in this area had succeeded. Instead of commenting on the number of accidents that occur in this way the solicitor should have encouraged the client by stating that this will add to the liability of the defendant as he was not fully in control of the vehicle at the time of the accident. The solicitor should have explained that this could be used against the defendant if they try to deny liability as they could use the fact to demonstrate that he was not fully concentrating on the road at the time. It is also a criminal offence to use a mobile phone whilst driving which could mean that the defendant would face criminal charges for being on the phone. This would a lso strengthen a case against the defendant for compensation. If the

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