On 20th December 2011 in Sydney, Australia, lawyer Sean Jolly shared his client-centred practice ideas and his future directions preferences at interview. With a Bachelor of Commerce degree, a Bachelor of Laws degree and an unrestricted Practicing Certificate in New South Wales, Sean Jolly is a graduate of Sydney’s prestigious King's School.
Currently a sole practitioner, but looking to move into a mid-tier firm to practice Supreme Court litigation, Mr Jolly is now responsible for all aspects of his practice including client and expert engagement and management, costs disclosure and estimation, obtaining and analysing instructions and evidence, provision of all services offered by the firm, all correspondence including advices, compliance and risk management, bills and accounting. In order to streamline the provision of legal services he has developed a customized database and mergeable documents system.
Advising the Client in Complex Litigation
Suite101: You have very substantial experience in large and complex Supreme Court litigation requiring careful client liaison. What procedures have you developed to deal with the process of advising your client and taking instructions?
Jolly: “Aside from the usual techniques of providing written advices, and regularly corresponding with the client by email and by phone to keep them apprised of the situation and obtain their instructions on a day to day basis, where the issues are more complicated I find the best procedure for advising and taking instructions is to meet with the client in person and, with the aid of the relevant documents (such as a written advice, written summary, or other documentation such as the relevant evidence documents), provide the advice and obtain the instructions in conference. This is often more effective and more efficient than written correspondence or a telephone call, as client understanding can be ensured and further and better explanations provided if needed, client's questions can be answered and issues clarified, and relevant and well informed instructions can be promptly obtained, including where appropriate breaking the advice and instructions into smaller parts and obtaining instructions on a step by step or stage by stage basis.”
He added: “Where Counsel is instructed conferences to provide advice and take instructions should occur with counsel present for two reasons, firstly Counsel's expertise can be utilized to explain and clarify any issues, and answer any questions, secondly it is also a more effective and more efficient way of obtaining and providing Counsel's advice in explanation and clarification of any issues and in answer to any questions the client may have, and of relaying the client's instructions."
Managing Client Expectations in the Supreme Court of NSW
Suite101: How do you manage client expectations and client stress during Supreme Court litigation? Can you give examples?
Jolly: “I find managing client expectations and client stress during a matter is really a matter of setting realistic expectations at the beginning of a matter, and maintaining realistic expectations throughout a matter. This may mean updating and adjusting those expectations where a change occurs (or is occurring) by providing advice on any changes and their likely impact, or it may mean reiterating previous advice where client expectations are different to that advice.”
He added: “In order to minimize client stress client expectations should be adjusted as soon and as often as a variance between client expectations and realistic expectations is detected, and well in advance of the anticipated outcome to which those expectations relate.”
He added: “The most obvious example of how I manage client expectations and stress in the above manner is in relation to costs. I try to provide as accurate and realistic an estimate of costs as I can, that also makes clear what is and what is not included in that estimate.”
He added: “Another way I manage client expectations and client stress is through "talking" the client through the reasoning behind the decisions that they need to make. For example by providing an analysis of the reasons for and against a decision, and possible likely effects and outcomes, this approach reduces the decision to a decision of logic, rather than an ‘unknown variable’."
Introducing Counsel into the Matter
Suite101: What is your view about how and when Counsel should be involved in litigation? How and when do you introduce Counsel to the client?
Jolly: “In my view, unless there is a clear tactical reason not to, Counsel should be briefed straight away. To use a medical analogy, a solicitor briefing appropriate Counsel is like a G.P. referring a patient to a specialist. When compared to most solicitors the right Counsel will have a greater depth and breadth of knowledge, better access to other Counsel's opinions (including access to Senior Counsel), and a more current and up to date working knowledge of the cases and developments in their chosen area(s) of practice. To continue the medical analogy, in general, a solicitor undertaking cross-examination would be a bit like a G.P. performing open heart surgery.”
He added: “I introduce Counsel early to the matter and to the client by providing an initial brief and arranging an initial conference with the client present to provide and clarify instructions."
Meeting, Networking and Securing Clients
Suite101: In the past, how have you met and secured your own clients? What kind of network do you move in?
Jolly: “My clients come by referral from a number of sources. My accountant, The Law Society, other practitioners, and previous clients, have all referred work to me at different times. Other clients have come to me through personal family and social connections."
In-Depth Expertise
Suite101: In what area(s) of the law do you have the most in-depth expertise? Please give details.
Jolly: “Breach of Contract and related issues, including implied terms, misleading and deceptive representations, estoppel, quantum meruit, consumer law, consumer rights, consumer credit, banking litigation, the law relating to guarantees and mortgages, and home building disputes."
Most Interesting Areas of the Law
Suite101: In what area(s) of the law do you have the most interest? Please give details.
Jolly: “Claims based on Breach of Contract, including: (1) related claims under Legislation such as misleading or deceptive conduct under the Competition and Consumer Act and ASIC Act, Breach of warranties under the ASIC Act and Sale of Goods Act, claims under the National Credit Code and claims for review under the Unfair Contracts Review Act; (2) related torts based actions such as claims for breach of duty; and (3) related claims in equity such as estoppel and quantum meruit.”
The Client Orientation in Summary
The ideal client orientation includes obtaining detailed and written instructions in conference, setting realistic client expectations, introducing counsel early, maintaining a client-centred network and working within the lawyer's primary fields of expertise.
Source:
Personal Interview with Sean Jolly, Sydney, 20th December 2011.
Join the Conversation