People have often commented about how dry and technical private client law is, and it is often viewed as being ‘dull’ and ‘boring’. Even at university when I was sitting in my trust’s lectures, I had no idea (and hadn’t even thought of it as a possibility) that it was an area in which I would end up practising in.
Private client law does seem to attract an unfair label, which is probably down to a misunderstanding of what we actually do and what our day to day lives look like. It also helps that there are also so many different areas within private client to specialise in, whether you litigate or not, and so many different people that we work with, that make this (in my opinion) one of the best (and changing) areas to work in. I do think it helps that part of being a private client solicitor involves being part solicitor and part detective…
Let’s take the budget on 30 October 2024… in many respects the private client landscape changed overnight. Death and taxes are something that the public, and our clients, usually shy away from, whether this is from the stigma around discussing difficult topics, such as death, but we have now been firmly thrust into the limelight. How the budget will actually work in practice is yet to be seen as there are still consultations (and protests) going on, and legislation to work through. The devil is in the detail… and as the detail has yet to be published, there is still a lot to play for.
One thing for sure is that wills, trusts, probate… inheritance tax is being discussed more regularly and we are likely to be busy for some time to come. There is also going to be knock on impacts on other areas, such as pension providers and the work that they will have to complete and be involved in, but also more disputes arising as the detail is worked out. Hopefully, with people thinking that they need to talk about the future, and planning what to do with their estates, but also preparing for what may happen, such as lasting power of attorneys, to look after themselves and their loved ones if something should happen to their health and/or after death, it will open the door to more people having these difficult conversations and starting to be more open with each other.
As many of you will know, life as a private client solicitor is one that very much changes depending on the day. I don’t usually work on a big project, as will often be the case with commercial or corporate law. Especially as a disputes solicitor in wills, trusts, and probate (and the Court of Protection), I am (unfortunately) there when someone is going through one of the most difficult times of their lives. Never a person they want to see, but there to help when they need me. This does mean there is no way to market what we do as solicitors, but that I am able to help as a trusted advisor… whether that is to become the detective and investigate what has happened, or act as a counsellor to listen to what has happened historically and the concerns being raised. All of this matters to help see what can be suggested to unlock the dispute and try and govern them in the dispute against their loved ones, with a minimal amount of animosity and conflict, which may not always be possible!?!
Family dynamics are difficult at the best of times and I often feel that I am a ‘trusted advisor’ as people unburden what has happened from childhood (often disputes can stem from resentment or an ‘incident’ which happened when someone was younger than 10 years old) and family secrets. I am sure many people will resonate with feeling like a counsellor… as we are dealing with people’s lives and there can be nothing more difficult when losing a loved one, than to fuel the fire with a dispute exploding.
Life is anything other than 9am to 5pm, as we fit round our own commitments, but also our clients’ expectations. My day often starts after having done some morning exercise, but usually after walking my dog, to make sure that I can clear my head, but also be able to review emails, my diary, and commitments for the day (and week) ahead so that I can plan, as best as possible, to meet what is expected of me. Usually, this will involve phone calls with clients and reviewing/responding to emails to keep them up to date, but also to work on their files (which given that there is so much going on in our area of work) often means going away to think not only about the law, but how we can best get from A to B, as often the solution is practical, rather than legal. Knowing the law is expected of us, but the best solicitors (in my view) are the ones that listen to what their clients want to achieve, and work (as best as possible) to get there, particularly given that families can be ever changed if a dispute is handled incorrectly, increasing the animosity rather than building bridges… which may also happen even if handled correctly.
Unfortunately, there is no one size fits all as each case turns on its own facts, and those involved. Even the most ‘chilled’ people in business, can turn into someone entirely different when they are grieving or dealing with their own family. Logic and rationale usually goes out the window, particularly when allegations (which are often irrelevant to what has happened) are thrown out with years of issues coming to the surface.
So why practice in this area of law? What is it that draws me to it, and many others? People… knowing that I am truly helping someone through something difficult, but also to make a difference to them and their family. Working to help them achieve the ‘just’ result whether that is the correct share of their inheritance, or to overlook and correct the actions taken by an attorney or deputy when they have managed their parents’ affairs and not done this correctly, or funds have gone missing. Being able to think outside the box and address complex issues, where there is often no single solution, and also to have to keep up to date with cases that are decided almost daily which could potentially change the law, and outcome of the cases we are dealing with. I have worked in many different areas of law, and not found anything else like it. And with the recent budget and change in government, I can only see that this is going to continue…
Would love to hear from you on what you love about practising in private client and what you find so fulfilling so please do leave a comment or post on Linked In, as it is always so good to hear from us as a community, particularly as in many firms private client is often viewed as an ‘add on’ or something that doesn’t fit in with how the commercial firms work, which is such a shame as wills, trusts, probate can, and does affect everyone at some stage in their lives…
