Resolution Guides to Good Practice

1 Resolution Guides to good Practice Dealing with Clients Correspondence Service of Documents Discussing Dispute Resolution Options Mediation Dealing with Litigants in Person Collaborative Law Client Care Letters The Proceeds of Crime Act 2002. Dealing with Financial Dispute Resolution Appointments Working with the Bar in Family Cases Instructing Experts in Applications for a Financial Order Instructing Experts in Proceedings Involving Children Disclosure in Financial Order Applications Referrals to Contact Centres Preparing Pre- and Post-Marital Agreements Guides to good Practice i Resolution PO Box 302.

2 Orpington Kent BR6 8QX. DX 154460 Petts Wood 3. Resolution 2012. All rights reserved. No part of this publication may be reproduced, stored electronically or transmitted, in any form or by any means without the prior written permission of Resolution , except as expressly permitted by law. Doing anything which is unauthorised in relation to any part of this publication may result in both civil and criminal liability. Enquiries relating to reproduction should be sent to Resolution at the address above. Typeset by Juliet Doyle and printed by ADS Group ii Guides to good Practice Contents Introduction 1.

3 Resolution Code of Practice 2. Guide to good Practice for Family Lawyers in Dealing with Clients 3. Introduction 3. First telephone contact with client 3. Meeting with client 4. Consider any emergency steps needed 5. Role of the lawyer 6. Costs estimates 7. First letter to the client 7. Letter to the other party or their lawyer 8. Conduct of the case 8. Offers of settlement and their impact on costs in financial cases 10. Preparation for hearings 10. The hearing 12. Confidentiality 13. End of the case 13. Client terminating instructions of lawyer 14.

4 Lawyer terminating retainer with the client 14. Family lawyers and personal relationships with clients 14. Guide to good Practice on Correspondence 17. Planning for the court hearing 18. Faxes and emails 18. Aims and priorities in correspondence 19. Timing of correspondence 19. Effect of letters 20. Examples of good and bad Practice 25. Guide to good Practice on the Service of Documents 27. Introduction 27. Timing 27. Prior warning 28. Use of process servers 28. Venue for service 29. After service 29. Guide to good Practice on Discussing Dispute Resolution Options 31.

5 How to enable the client to make an informed choice 32. What is important to this client? 32. Aspirations 32. Guide to good Practice on Mediation 37. Qualifications, training and ongoing professional support 38. Guides to good Practice iii Scope and principles of mediation 40. Conduct of mediation 46. Other professional Practice considerations 60. Guide to good Practice on Dealing with Litigants in Person 67. Introduction 67. First contact 67. Communications generally 69. The petition or other proceedings 70. Service of proceedings 71.

6 Children disputes 71. Agreements and consent orders 72. Contact at court 73. Constant harassment 73. Dealing with lay advisers 73. Guide to good Practice for Collaborative Professionals 75. Involvement of third parties 75. Before the first four-way meeting 75. Timeline for each four-way meeting 75. The first and subsequent four-way meetings 76. Financial disclosure 77. Discussing options and possible outcomes in the collaborative process 78. Action to be taken following the conclusion of an agreement 79. Action to be taken if the collaborative process breaks down 80.

7 Guide to good Practice on Client Care Letters 81. Introduction: drafting a client care letter 81. Terms of business 83. Responsibilities 83. Hours of business 84. Equality and diversity 84. Data protection 84. Storage of documents 84. Outsourcing of work 84. Vetting of files and confidentiality 85. Limiting liability 85. Applicable law 85. Terminating the retainer 85. Payment of commissions 85. Payment of interest 85. Distance selling 86. Financial services 86. Precedent letter of engagement 87. Precedent legal aid client care letter 102.

8 Precedent family help letter 106. Guide to good Practice on the Proceeds of Crime Act 2002 109. iv Guides to good Practice Guide to good Practice on Dealing with Financial Dispute Resolution Appointments 111. Introduction 111. Prior to FDR 112. At the FDR 113. In respect of any proposed agreement 115. Appendix A: Guidance Note for Drafting Position Statement/Case Outline 118. Appendix B: Precedent Position Statement/Case Outline 121. Guide to good Practice for Lawyers on Working with the Bar in Family Cases 125. Introduction 125.

9 What are the respective roles of the family lawyer and barrister? 125. When should a barrister be instructed? 126. The selection of a barrister for a particular court or collaborative case 127. How should the barrister of choice be instructed? 127. Managing communication between barrister, lawyer and the client 129. Managing conferences 131. Specific issues of good Practice in applications for a financial order 132. Preparation for hearing and papers for consideration 133. The hearing 134. Fees 135. Guide to good Practice for Instructing Experts in Applications for a Financial Order 137.

10 Introduction 137. When is an expert required? 138. What is the role of an expert? 139. When to instruct an expert timing 140. How to select a particular expert 140. Information to obtain about potential experts prior to first appointment 141. The joint letter of instruction 142. Providing information to the expert 144. Attendance at meetings with the expert or inspections of property 144. Communications with an expert and supplementary instructions 144. The expert's report 145. Questions following the expert's report 145.