Solicitor’s duty to client to explain risks

The High Court considered in Kandola v Mirza Solicitors LLP [2015] EWHC 460 whether the risks involved in a transaction had been adequately explained to client in a professional negligence action.

While the High Court dismissed the claim, His Honour Judge Cooke provided a useful summary of the extent of a solicitor’s duty to his client to explain the risks involved in a transaction (not only conveyancing transactions).

Basically, it was held that a solicitor’s duty to explain matters to his client should take account of the client’s own experience. So, an inexperienced client may require more explanation before he can sufficiently understand the risk, whereas an experienced client may need less, or no explanation.

A solicitor will have fulfilled his duty if “he gives an explanation in terms the client reasonably appears to him to be able to understand, and to have understood, even if the client later alleges that he did not in fact understand what was said.”

Rob

Deaf, hubby to Rachel, dad to Corey, Libby and Emily, Solicitor, Lecturer in Legal Practice at University of South Wales, PhD student at University of Leicester.

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