In defending a client, what is prudent regarding advice and instructions?

• A. Advice should be given verbally only
• B. Advice and instructions should be given in writing
• C. Advice is unnecessary if the client asks for it
• D. Advice should be provided only after conviction

Answer: (B)

Giving advice and instructions in writing is prudent because it creates a clear, comprehensive record of what has been discussed and agreed, and it helps ensure the client truly understands their options and the potential risks. In a defense, decisions often hinge on precise information about strengths and weaknesses of the case, possible outcomes, and the steps the client should take. A written statement allows the client to review, consider, and reference the guidance later, reducing the chance of misunderstandings or disputes about what was advised. It also supports proper documentation of consent, scope of representation, and any instructions given, which is important for transparency and accountability.

Verbal advice alone can be misremembered or misinterpreted, and it provides no durable record for the client or for the solicitor later in the matter. Advising only after conviction would miss the opportunity to inform the client about viable options, such as plea considerations or strategies, and to obtain informed consent at the outset of engagement.