Pressuring a party to settle
A solicitor cannot put undue pressure on a client or induce the client to instruct the solicitor in a certain way. This goes without saying that this is acting against the best interests of the client!
A solicitor may breach their duty to act in the best interests of the client where some of the following occur:
- if the solicitor believes that the facts do not support the advice being given;
- if the solicitor has had ample time to obtain proper instructions from a client and seeks to obtain instructions “at the very last minute”;
- if the solicitor knows that the client does not understand English properly enough to give proper instructions; and
- if the solicitor is aware that the client has not fully understood the factual and legal issues in the matter.
A question that is sometimes asked, is it proper and appropriate for lawyers to put a degree of pressure on their clients to settle a case?
It comes back to what is in the client’s best interests. Lawyers should help the client make an informed and free choice between compromise and litigation. Let’s not forget that it is the client’s matter and it’s their decision to make!
