Check the client has authority to sue

When taking instructions to commence an action for a client, consider the following:¹

1. take the precaution of getting a written retainer for the litigation;
2. even if the person is known to you, verify the authority of that person to provide instructions;
3. when acting for a company, undertake a company search (this is inexpensive and a justifiable disbursement) and obtain from the appropriate officers written authority to commence or defend proceedings;
4. if acting for more than one individual, make certain you have instructions from all;
5. initiating an action without authority could be a breach of the duty to not deceive or knowingly or recklessly mislead the court;²
6. establish a protocol to ensure that authority to act is verified and in writing; and
7. when acting in debt collection matters – make certain that  you hold instructions that a debt remains outstanding and this is confirmed by the appropriate person before affidavit material is filed.