Knowledge

Older and Vulnerable Client Care Procedure

Lee Bolton Monier – Williams LLP are committed to ensuring the safety and wellbeing of older and vulnerable clients and facilitating their access to high quality legal services. We understand the importance of treating these clients, along with their families or representatives, with kindness, dignity and respect and being sensitive and sympathetic to the additional support they may require.

These procedures apply to all partners, employees, consultants, volunteers and interns at Lee Bolton Monier – Williams LLP who interact with clients who may be older or vulnerable.

Definitions

Older Client: Typically clients aged 65 and over, but this may vary depending on context.

Vulnerable Client: A client who may have physical, mental, emotional, or cognitive impairments, or other circumstances affecting their capacity or autonomy.

Identifying vulnerabilities

  • We will endeavour to establish any potential vulnerabilities the client may have at the outset of the relationship, including any physical or mental limitations. Where vulnerabilities are identified we will ensure these are taken into account so, where possible, we can tailor our service to support these clients throughout their engagement with the firm. This is kept under review so we can adapt our future procedures to better meet the client’s needs if necessary.
  • Where vulnerabilities are identified we will discuss with the client how we can best serve their needs and assist them, this may include discussing communication preferences such as post or telephone calls instead of email etc.

Identity requirements

  • We are required to verify our client’s identity, however, we appreciate that some older clients may not have current passports or driving licences. In these situations, we will discuss with the client what other information they can provide to confirm their identity and extra care is taken to be as accommodating as possible while ensuring that our money laundering requirements are met.

Client meetings

  • Whilst it is usual practice for the legal advisor to meet with their client alone, we appreciate that some older or vulnerable clients may feel more comfortable if a relative or friend attends the meetings. Where possible and appropriate we will accommodate this with the client’s consent. Should we require additional meetings alone with the client we will endeavour to fully explain the need for such meetings and ensure the client understands and is comfortable.
  • We endeavour to ensure that all clients are as comfortable as possible during meetings at our office. We always consider the needs of the individual client and any known vulnerabilities they may have so the pace and duration of the meeting are appropriate for that particular client.
  • If English is not the client’s first language, we will suggest an independent interpreter is present and assists during the meetings and with any ongoing correspondence. If the client has either sight or hearing impairments we will, where possible, endeavour to tailor our communication accordingly to support the client in their understanding. For example, correspondence and documentation can be produced in a larger or simpler font or read to the client where appropriate.
  • Our office building is listed, and we cannot provide step free access as the front door and ground floor facilities are accessed by four steps. Due to the pitch of those steps and the location outside Westminster Abbey, we are not able to have a ramp to allow wheelchair access for disabled clients.  If our facilities do not meet our client’s needs, we can arrange home or off-site visits instead. Additionally, we can arrange meetings remotely via video link.

Ongoing advice and communication

  • We endeavour to provide legal advice in clear, accessible language and will avoid over reliance on legal terminology and jargon. Where the use of legal terms is unavoidable, we will take extra care to ensure the explanations are clear and we will not proceed until we are satisfied and that our client is comfortable and understands the advice provided.
  • A record of all meetings will be made, which includes details of all those present during the meeting. When appropriate a follow up letter of advice will be provided to the client which sets out in writing what was discussed during the meeting along with confirming who was present. We ensure that all relevant information is noted in all attendances including telephone calls.
  • Where appropriate and with the client’s consent we can accommodate the involvement of the client’s relatives, friends, carers etc to support communication and aid the client’s understanding of the advice and legal processes, i.e a relative can be copied into emails if necessary.

Attorneys

  • In situations where we are required to liaise with a client’s attorney, before accepting instructions we will ensure we have had sight of the document appointing them as attorney and obtained proof of the attorney’s identity.

Should you, or someone you know, require any assistance please contact Megan Morgan or any member of the Private Client Team.

The contents of this article do not constitute legal advice and are provided for general information purposes only. The contents are copyright of Lee Bolton Monier-Williams LLP. All rights reserved.