Cold calling

In the current climate, billing and cash collection is key, the client is the boss, consumer protection is paramount and no one has time to pretend otherwise.

For private client practitioners, and particularly those of us who help elderly and vulnerable clients, regulations that go with all this can cause difficulties.

For example, take a new client of mine. Mrs W has cancer and wanted a home visit to sort out a simple will. The fee level was discussed over the phone, she was happy, so off I went. I was armed with my terms and conditions letter and cancellation notice, the ?latter being a requirement of the Cancellation of Contracts made in a Consumer's Home or Place of Work, ?etc Regulations 2008.

Mrs W was bright, clear in her instructions and generally doing very well for a terminally ill 82-year-old. And I was able to take her will instructions in 15 minutes.

However, her face fell when the notice came out and I launched into my spiel about the regulations. I felt ?for Mrs W when she said: "I wanted a will so that my children know I was thinking of them all at the end. I didn't think there would be so much 'stuff' to get through."

I've run into this before, particularly at care homes and in hospitals, and in cases where you are asked to see someone urgently. The Law Society advises you to treat the regulations as applicable and has a template notice.

When telling a stroke victim about the forms and signatures required for the most basic property and financial affairs lasting power of attorney, having to change the subject, explain the regulations and get them to sign the bit of the notice that says you can start work immediately can be too much.

Unfortunately, as the case of Robertson v Swift [2012] showed us, there is no room to manoeuvre here and every consumer 'at home' has an absolute right to a 'cooling off' period.

None of us wants to waste a home visit on someone who is just shopping around for the best deal, but that is a danger. More than that, we don't want to risk not being able to recover any fees at all.

Sofia Tayton is a partner and head of care and capacity at Lodders Solicitors

She writes the regular in-practice article on care and capacity for Private Client Adviser