What are the rules of engagement at your legal practice?

If you are in the management team of your legal practice it would be usually your responsibility to establish an engagement policy. This policy sets out the matters in which your practice will accept instructions.

Why do you need an engagement policy?

Because this policy is a risk management tools that will help you eliminate potential sources of failure to achieve your objectives. For example you will only accept instructions in areas of law in which either you or other lawyers in the practice have the expertise and experience to provide a service that will match the practice's quality objectives.

The policy will also filter out services which you cannot provide effectively, efficiently or economically. For example you may decide not to provide Legal Aid funded services or services to clients in another state.

The negative effect of uncertainty on your objectives will be minimised by establishing the rules of engagement.

This is an example of an engagement policy.

Engagement Policy

The engagement policy of [name of firm] is to accept legal work in the following areas of practice:

• wills & administration of deceased estate 
• commercial law 
• commercial litigation 
• property settlements & purchases of business 
• liquor licensing 
• migration advice 
• franchises 
• patents, copyrights & trademarks 
• personal injuries 
• family law matters 
• police charges, traffic offences, and criminal offences.

[Practice Name] does not accept Legal Aid and does not represent clients residing outside of Western Australia. An engagement document is prepared at the start of an engagement or whenever a change in the service has been agreed to.

Our engagement policy is in harmony with all relevant legal profession statutory requirements.

The policy follows our practice's business plan and risk management policy.

The engagement policy is reviewed for continuing suitability once a year as part of the quality management system review.

The policy is included in our induction program and is communicated to all staff and clients on our website.

Terms of Engagement

Such terms often referred to as retainer or service agreement define the narrower perimeter of the services you have agreed to provide to a client in a legal matter. Amongst other things they determine the scope of services you have agreed to provide to your clients.

The law societies of the states and territories offer compliant cost kits and agreements.  

In the next post I will cover the basic requirements of the LAW 9000 standard about the terms of engagement.