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Lost in translation

Many clients are unlikely to understand legal terminology and industry jargon, so it's up to us to speak in a language they can understand and ensure that we're correctly instructed, says Sofia Tayton

28 January 2015

I was recently speaking to a colleague about taking instructions from a vulnerable client. She asked if I had a list of questions that I went through to determine whether or not a person has capacity. I have a feeling she thought that there might be a nice test we give clients (like the Addenbrookes cognitive examination) with a helpful cut off point in the scoring so we could say; above X means capable, below X means incapable.

Apart from commenting that my job would be a lot more straightforward if there was such a test, I broke the bad news - and got a gig offering some training to her team on mental capacity.

No good deed goes unpunished

One thing that became clear was that not everyone really appreciates the difficulties that simply being less mobile and less energetic bring with them.
In a busy office environment, it is easy to forget that some clients ne...

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