Working with elderly clients

Providing advice and legal services to older clients requires certain skills and particular qualities. It is important to be patient, have '¨a calm open manner, and excellent listening skills. Very often there may be an underlying story you need to pick from the threads of discussion. Older clients in particular value the level '¨of respect you reflect back '¨to them.

You should not be patronising, high-handed, aloof, or have a desire to rush clients. I am often saddened, when clients relate to me their bad experiences of other legal professionals.

Apart from assessing your client's capacity, you must use the Golden Rule. It is also important to assess their level of academic understanding, which has nothing to do with age. It is usually fairly easy to pick up on this. Also be aware, that many older clients left school at an early age, and may have limited literacy skills. Very often, once relaxed in your company, clients will volunteer this information to you. Clients will not volunteer this information if they feel belittled. Knowledge of the level of literacy is particularly important when preparing a will for a client, and attending to attestation. If you have to read over the will to your client before signing, you will need to vary the standard attestation clause to take account of this.

As with all clients, I find the manner in which you deal with them varies slightly. Some will prefer to engage you in conversation on a more personal level and are looking for reassurance from you. Other clients will prefer a more business like approach. Some elderly clients are very nervous and may only now in their later years, be having their first interactions with a lawyer. It is important you help to build their confidence, so they are able to provide you with clear instructions. Some clients, particularly those who have a dementia diagnosis, retain capacity, but because they are aware they need to demonstrate their mental capacity, panic and become confused. They are so anxious to ensure their wishes are put in place, they put too much pressure on themselves.

Do not, when assessing capacity, start firing questions at clients. If you put them on the spot, questions they can easily answer will slip from their grasp. I also believe questions such as who is the current Prime Minister are unsuitable, as there are many younger clients, whose capacity is not in question, who do not know the answer to '¨that question.

As with all clients, but particularly those who may be elderly, and have failing faculties, it is important to recite back to them what you have heard and your understanding of the instructions they have provided to you. In so doing, it avoids any misunderstandings. In accordance with good practice, you must follow up on discussions in writing, in clear and easy to understand terms reiterating their instructions to you. As with verbal discussions, you must pitch your written advice in accordance with the ability of your client.

I have found there are elderly clients who expect you to do more than advise them. They are looking for you to make a decision for them. I always explain it is my role to advise them and, where helpful provide them with some practical examples of how their instructions may impact on themselves and other people. It is not my role however to make decisions for them. They must provide me with instructions after weighing up all the information and advice I have provided to them.

I find working with older clients, interesting, and very rewarding. SJ