"Mental capacity is an area spoken about frequently among lawyers, with modern litigators becoming better acquainted with capacity issues in litigation and how to navigate them. However, there is another demographic of society and therefore potentially your client base, who have capacity to litigate (or fluctuating capacity) but are also vulnerable more generally. These clients require a tailored approach in order to achieve the best results for them."
Writing in the Solicitors Journal, associate Susannah Foden, who has left Russell-Cooke since this article was submitted, and partner Gareth Ledsham of the trust and estate disputes team explore key considerations for practitioners working with vulnerable clients. The article highlights the importance of tailoring practitioners' communication to their clients' needs, staying alert to the signs of possible coercion if the client is being assisted by a friend or relative, and ensuring that practitioners speak with their client alone in order to confirm their instructions and discuss any concerns.
The full article is available to read online at the Solicitors Journal.
Gareth Ledsham is a partner in the trust and estate disputes team. As an expert in mental capacity law and contentious Court of Protection matters Gareth acts for deputies, attorneys and other interested parties on the removal of attorneys/deputies, disputed lifetime gifts, statutory wills and financial abuse claims amongst others.