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Client care problems which may arise problems may

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Client care problems which may ariseProblems may occur if the client is not prepared to co-operate fully with yourfirm, for example, refusing to be examined by a medical consultant. Thesolicitor may be blamed if the funding organisation refuses to continue to fundthe claim.Minimising client care problemsIt is important to develop a good working relationship with the fundingorganisation. You must be very clear about the terms of the CCFA and maintaingood relations with key contacts such as trade union representatives.1.9.5Damages-based agreementsDamages-based agreements (DBAs) were introduced in relation to EmploymentTribunals work ins58AA CLSA 1990. They must be in writing and allow forclaimants’ lawyers to charge on the basis of a percentage of the financial awardwhich is obtained.Part 2 Legal Aid, Sentencing and Punishment of Offenders Act 2012andtheDamages-Based Agreements Regulations 2013extend DBAs to coverother litigation, including personal injury. A “cap” of 25 per cent, in personalinjury cases (35 per cent in employment cases and 50 per cent in other cases),of the damages awarded is set on the charges claimants’ lawyers can impose.
UQ16 © CLS15Professional EthicsClient care problems which may ariseClearly, claimants’ confidence in the impartiality of their lawyers’ advice may beundermined by their knowledge that the lawyer has a direct financial interestin the size of their damages.Minimising client care problemsIt is crucial that the client is fully informed from the outset of the implicationsof the DBA, including the lawyer’s personal interest in the size of the damages.This will help retain trust in the lawyer’s judgment.1.9.6Legal expenses insuranceIt is important to ask all clients if they have any form of legal expenses insurance,typically as a benefit of their household or motor insurance policies. Householdlegal expenses insurance typically covers legal proceedings relating to theinsured’s home, employment, death or personal injury, as well as disputesarising from contracts for the sale and supply of goods and services. If the clientdoes have this form of insurance, the insurance company will only be preparedto fund the legal costs if the firm is on its “panel” (list of approved firms).Different insurance companies will have different agreements with their panelsolicitors and may use a combination of fixed fees, hourly rates and CCFAsdepending on the type of work being funded.The individual client will not bear any financial risk but will be required to co-operate with the solicitors. The insurance company will reserve the right to haltthe funding if the client ceases to co-operate.Client care problems which may occurIf the client is not prepared to co-operate, the insurance company may refuseto continue the funding. The solicitor may be blamed by the client.

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