Counsel and solicitors - noting key instructions and advice

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R v Anderson, Court of Appeal, 3 November 2010. Although not laid down in prescriptive form in the rules of conduct governing barristers and solicitors, it was usual practice for solicitors or counsel to make a brief note of instructions on important issues as to the conduct of the defence given in conference. The court strongly recommended that such a note be made to record both the instructions and the advice that had been given on the essential issues. Such a note would be to the benefit of the client, in that it would serve to ensure that he or she had been given the appropriate advice, and would also serve to protect the advocate and his instructing solicitors from criticism based on assertions made after the event by a dissatisfied client (para. 52).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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