Purpose

This procedure sets out this firm’s approach to dealing with vulnerable clients.

We may amend it at any time and decide to follow a different procedure where we consider it appropriate.

Introduction

It is important to be aware when a client or any customer of a client with whom we are dealing is, or may be, vulnerable.

We often provide legal services to clients at some of the most difficult times in their lives and it is essential that vulnerable clients are able to exercise their rights in the same way as anyone else.

Helping vulnerable people to understand their legal problems and effectively access justice is of huge benefit – it ensures that we are upholding the rule of law, protecting the public and supporting the safety and wellbeing of vulnerable people.

Types of vulnerability

An individual may be vulnerable due to personal characteristics or circumstances which can affect their access to and use of legal services.

Vulnerable clients can include those who have mental capacity to make decisions but need additional support, those who lack mental capacity and those who are vulnerable due to undue influence, pressure or duress.

The table below shows a non-exhaustive list of personal characteristics and situations which are examples of risk factors that may make a person more vulnerable. 

 A person may not be vulnerable merely due to the presence of a risk factor, however we must be alert to the possibility. Risk factors can also be temporary and may change over time and signs of vulnerability are not always obvious.

Three further factors may make some consumers particularly vulnerable in the legal services market:

• The knowledge gap between the general public and solicitors;
• Taking legal advice often at a time of difficulty or stress;
• The difficulty for people to judge the quality of the legal services, even after they have received them.

Regulatory requirements

In addition to our obligations under the Mental Capacity Act 2005 and the Equality Act 2010, failure to meet the needs of vulnerable clients can lead to SRA sanctions or disciplinary action.

Principles 1, 2, 6 and 7 of the SRA Standards and Regulations (STaRs) state that we must act:

• in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice (Principle 1)
• in a way that upholds public trust and confidence in the solicitors’ profession and in legal services provided by authorized persons (Principle 2)
• in a way that encourages equality, diversity and inclusion (Principle 6)
• in the best interests of each client (Principle 7)

Additionally, the following clauses within the Codes of Conduct for Firms and Solicitors, RELs and RFLs are relevant to how we deal with clients who are or may be vulnerable:

• You do not unfairly discriminate by allowing your personal views to affect your professional relationships and the way in which you provide your services (1.1, SRA Codes of Conduct)
• You do not abuse your position by taking unfair advantage of clients or others (1.2, SRA Codes of Conduct)
• You consider and take account of your clients’ attributes, needs and circumstances (3.4, SRA Code of Conduct for Solicitors, RELs and RFLs)
• You give clients information in a way they can understand. You ensure they are in a position to make informed decisions about the services they need, how their matter will be handled and the options available to them (8.6, Code of Conduct for Solicitors, RELs and RFLs)

Identifying vulnerability

We may be informed directly by the person with whom we are speaking, have reasonable suspicions of our own from the behaviour, actions and / or manner of the client, or by another party in the transaction such as a family member.

In such cases it is vital that these issues are identified as early as possible and that the persons with whom we are engaging are treated with sensitivity. Vulnerability can arise at any stage in the matter life cycle and thus the risk needs to be assessed throughout the matter.

In every case where a fee earner becomes aware that a client is vulnerable, the issue must be immediately raised with either Emma Post or Nicki Beale (Family Matters) or Madeline Harris (Head of Wills and Probate).

Every fee earner must focus on client outcomes, whatever the nature of their matter.

Assessing mental capacity

Section 3(1) of the Mental Capacity Act 2005 states that a person lacks capacity to make a decisions if they are unable to:-

• understand the information relevant to the decision
• retain that information
• use or weigh that information as part of the process of making the decision, or
• to communicate their decision (by any means).

It is for the firm to decide whether a client has capacity to provide instructions and make decisions, ensuring that the client’s best interests are safeguarded. A lack of capacity cannot be confirmed solely due to the existence of a vulnerability risk factor or diagnosis of a condition.

In cases where capacity is in issue, such steps and decisions should be made in consultation with Emma Post or Nicki Beale and in relation to Wills & Probate, Madeline Harris.   Such should be carefully documented.

If we consider that a potential client does not have capacity to provide instructions, we may be entitled to decline to act on their behalf. Any decision must be made in accordance with the firm’s overall policies.

Instructions from third parties

Where a client lacks capacity, we may be able to continue to act by receiving instructions from the Official Solicitor or court appointed deputy (for example). Before agreeing to accept instructions from a third party acting on our client’s behalf, we must always ensure that the correct legal authority is in place.

Where information in connection with a vulnerable client originates from a third party such as a family member or from a concerned neighbour or carer, we must be aware of the possibility of undue influence.

Client care procedures for vulnerable clients

Establishing the needs of our client

When a vulnerable client (and this includes their families / representatives) makes contact with the firm we must establish the following points and make any further reasonable adjustments such examples include

• Ability to visit our office;
• Do they have any disabilities? If so confirm what access requirements they may need
• Does the client have hearing or visual impairments? What support will be in place?
• If English is not their first language, establish whether an independent interpreter is required (this may also be a trusted family member or friend)?
• Are they neurodiverse? What adaptations needs to be put in place to ensure that they are best placed to receive information and provide instructions?

Whatever their needs are, we must to take these into account in all our dealings with the client.

Clients who cannot attend the office

If the client cannot attend the office, we will consider whether it is appropriate to

• offer to see the client in their own home, or as circumstances dictate.
• attend hospitals, residential or care homes if the client is resident there.

For any external visits, staff safety is paramount.

Obtaining client identification

All clients of this firm must provide suitable ID for the purposes of money laundering.   

Meeting clients

It can be daunting for a vulnerable client to see a solicitor. When vulnerable clients visit the Firm, it is important to ensure:

• the client feels accommodated, relaxed and at ease;
• they understand why it is necessary for us to see them on their own as it is important to spend some time alone with them;
• we consider the possibility of undue influence being placed on the client by a third party. The client is to be seen on their own, unless the client specifically requests a third party to be present. A third party will usually be a trusted friend or relative.
• our client understands what has been said. We must not proceed until we are completely satisfied the client has fully understood what has been discussed, and that they are happy to continue.
• the pace and duration of each meeting should be aligned to the needs of the particular client.

Requirement for medical reports

If it is considered necessary to obtain a medical report to assist with establishing mental capacity, the member of staff needs to deal with this as sensitively as possible. It can be upsetting and difficult for a client to understand why you feel a medical report is required to enable you to deal with their matter correctly. This must be explained.

At all times you must also be aware of the impact of the Data Protection Act when a medical or other report containing special category data is obtained, and always obtain the client’s written permission before you share information with any third party.

Attendance notes / correspondence

Attendance notes must record relevant facts and key issues. As with all our clients, we will include in our written or typed attendance notes a record of anyone our client has asked to be present with them (or confirmation that our client was seen alone).

After any meetings with a client, we must confirm our instruction to our client with minimum legal jargon. If a client declines to have someone present with them (at any meeting), we shall confirm this in correspondence with the client. 

Data protection

The Firm operates in line with the relevant data protection legislation.  ’

Training

All Employees, Partners and those representing this Firm will be informed of this Vulnerable Clients Policy and will be expected to pay due regard to it when conducting business on our behalf.

The practice will carry out or procure training for personnel on compliance with vulnerable client requirements not only on induction but also at least on an annual basis if not prompted more frequently by statutory, regulatory or procedural developments. The Practice will also provide training to all personnel with the assistance of The Law Society.

Non-compliance with this policy

This policy applies to all who are employed by the Firm, its Partners and associated Third Parties working with or representing the Firm.  All Employees, Partners and associated Third Parties working with or representing the Firm are therefore expected to pay due regard to the provisions of this policy and are responsible for ensuring compliance with it when undertaking their jobs or representing the Firm.

Failure to comply with this policy will be taken very seriously and may result in disciplinary action.

Policy review

Nicki Beale and Emma Post are responsible for the review and management of this policy.  To verify it is in effective operation across the firm, this policy is reviewed annually and amended as appropriate.  This policy will also be reviewed in the event of a major change within the organisation, change to regulation or legislation or a breach of this policy.

May 2025