Law firms are very good at recording that information was sent.

A client care letter was issued. Terms and conditions were attached. The client signed the documents. The compliance box was ticked.

But did the client understand what they had agreed to?

That is an altogether different question.

Without proof that the client understood may mean that your entire retainer agreement is invalid.

The SRA Principles require solicitors to:

• uphold public trust and confidence in the solicitors’ profession and legal services;
• act with integrity;
• act in a way that encourages equality, diversity and inclusion; and
• act in the best interests of each client.

These are not abstract aspirations. They should influence how firms communicate with clients, identify individual needs and obtain informed instructions.

Sending the same lengthy documents to every client may appear consistent, but consistency is not always fairness. Different clients may need different forms of support to access and understand the same information.

A firm may be able to prove that a document was sent or signed. That does not necessarily establish that the client was able to read, process or understand it.

Vulnerability is not always visible

There is still a tendency to associate vulnerability with an obvious disability or a client who expressly asks for help.

In reality, vulnerability may be hidden, temporary, situational or fluctuating.

A client may be dyslexic. They may have limited literacy, a cognitive impairment or difficulty processing complex information. They may be affected by illness, stress, trauma or bereavement. Others may feel embarrassed about disclosing a difficulty or may not recognise themselves as “vulnerable” at all.

A solicitor cannot respond to a need that has not been identified.

That is why firms need more than a vulnerability policy. They need a consistent and sensitive way of putting that policy into practice.

How The Legal Lexi supports the SRA Principles

The Legal Lexi embeds accessibility, understanding and informed consent into the client journey.

Principle 2: public trust and confidence

Trust is strengthened when clients understand what their solicitor will do, what it may cost and what will be expected of them.

Clearer communication reduces the risk of unpleasant surprises, misunderstandings and complaints. It also gives clients greater confidence that their solicitor is being open with them from the outset.

Principle 5: integrity

Acting with integrity means more than obtaining a signature.

Where important terms affect costs, liability, termination or the scope of the retainer, firms should be satisfied that the client has been given a genuine opportunity to understand them.

The Legal Lexi explains key information in bite-sized plain English, offers audio narration and checks understanding. It helps firms demonstrate a meaningful process rather than relying upon the fiction that a signed document must have been understood.

Principle 6: equality, diversity and inclusion

Treating every client identically does not necessarily give every client equal access to legal services.

The Legal Lexi gives clients a private opportunity to identify communication difficulties and support needs. Accessible explanations and audio can help remove some of the barriers created by conventional legal documents.

It does not replace every reasonable adjustment or the professional judgement of the fee earner. It does, however, help firms identify when additional support or intervention may be required.

Principle 7: the best interests of each client

Acting in a client’s best interests requires an individual approach.

A client who does not understand the retainer, potential costs or financial risks cannot make a properly informed decision about their case.

By checking understanding and identifying areas of difficulty, The Legal Lexi helps the fee earner intervene before a misunderstanding becomes a complaint, a costs dispute or a damaged client relationship.

From policy to evidence

A policy records what a firm intends to do.

The Legal Lexi helps demonstrate what the firm actually did for the individual client.

It can provide an auditable record that:

• the client was given an opportunity to identify relevant difficulties;
• key information was presented in a more accessible format;
• the client’s understanding was checked;
• areas requiring further explanation were identified;
• fee-earner intervention was prompted where appropriate; and
• the client’s needs could be revisited as the matter progressed.

This is not about replacing solicitors with technology. It is about giving solicitors better information with which to exercise their professional judgement.

The question firms should be asking

The question is no longer simply:

“Can we prove that we sent the documents?”

It is:

“Can we demonstrate that we took reasonable steps to help this particular client access and understand the information they needed to make an informed decision?”

The Legal Lexi provides firms with a practical, scalable and auditable way to answer that question.

Clear terms. Fewer misunderstandings. Stronger relationships.

Discover a smarter way to obtain and evidence informed consent at www.thelegallexi.co.uk.

Book your demonstration by emailing info@thelegallexi.co.uk

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Knoll House

30 Macclesfield Road

Wilmslow

Cheshire SK9 2AF