ABS&P INTERNATIONAL LAW FIRM CLIENT BOARDING POLICIES
Our Boarding Policies (Parts A and B) are part of our General Terms and Conditions of Services (“GTC”)
Part A) Vulnerable Client Policy and Capacity Assessment Protocol
Version: 1.0 dated June 6th 2026
Owner: Compliance Officer for Legal Practice (COLP)
Review Date: Annually or following any material change in applicable regulation.
1. Purpose
This Policy establishes the procedures adopted by ABS&P International Law Firm ("the Firm") to identify, assess and appropriately support vulnerable clients whilst ensuring compliance with applicable international regulations which include the English Solicitors Regulation Authority ("SRA") Principles, the SRA Code of Conduct for Solicitors, RELs and RFLs, the Mental Capacity Act 2005, the Equality Act 2010 and other applicable professional obligations.
The Firm recognises that vulnerability may be permanent, temporary or situational and that appropriate adjustments should be made to ensure that all clients are able to provide informed instructions whenever possible.
2. Scope
This Policy applies to:
all Partners;
Consultants;
Lawyers /Solicitors;
Registered Foreign Lawyers (RFLs);
Registered European Lawyers (where applicable);
Trainee Solicitors;
Paralegals; and
all support staff involved in client engagement.
3. Definition of a Vulnerable Client
A vulnerable client is any individual whose personal circumstances may reduce their ability to:
understand legal advice;
make informed decisions;
communicate instructions freely;
resist undue influence;
protect their own interests.
Vulnerability may arise from factors including (without limitation):
age;
physical disability;
learning difficulties;
mental illness;
cognitive impairment;
bereavement;
domestic abuse;
financial distress;
trauma;
addiction;
language barriers;
cultural or social isolation;
immigration status;
coercive or controlling relationships.
The Firm recognises that vulnerability does not necessarily affect legal capacity.
4. General Principles
The Firm shall:
treat all clients with dignity and respect;
avoid assumptions based upon age or disability;
make reasonable adjustments wherever appropriate;
communicate using language appropriate to the client's level of understanding;
maintain confidentiality at all times;
protect the client's autonomy;
record all relevant decisions on the client file.
5. Capacity
The Firm recognises that capacity is:
decision-specific;
time-specific;
capable of fluctuation.
It also recognises that capacity shall never be presumed absent solely because a client:
is elderly;
has a diagnosis of dementia;
has a mental health condition;
requires assistance from family members;
experiences communication difficulties.
Where doubt exists, fee earners shall make reasonable enquiries before accepting instructions from any third party.
6. Powers of Attorney
Where instructions are received from a person claiming authority under a Power of Attorney ("Attorney"), the Firm shall not assume that the Attorney has authority to instruct the Firm in relation to the particular legal matter.
Before accepting instructions, the Firm shall, where appropriate:
obtain a copy of the relevant Power of Attorney;
verify that it is valid and effective;
determine whether it is registered where registration is required;
determine the scope of the authority granted;
confirm that the Attorney's authority extends to the specific legal matter under consideration;
consider whether any limitations, conditions or restrictions apply;
consider whether there is any actual or potential conflict of interest between the Attorney and the donor.
Where the Firm considers it appropriate, lawful and practicable, it may communicate directly with the donor of the Power of Attorney for the purpose of:
confirming instructions;
assessing capacity;
confirming that instructions genuinely reflect the donor's wishes;
identifying any evidence of undue influence, coercion or conflict of interest.
The existence of a Power of Attorney shall not prevent the Firm from undertaking such enquiries as it considers reasonably necessary to satisfy itself that:
the Attorney possesses appropriate legal authority;
the donor's interests are properly protected;
there are no material conflicts of interest;
professional obligations owed to the client have been satisfied.
The Firm reserves the right to decline to accept instructions from an Attorney where it considers that authority has not been satisfactorily established or where concerns remain regarding capacity, undue influence or conflicts of interest.
7. Reasonable Adjustments
Depending upon the client's circumstances, adjustments may include:
additional meeting time;
simplified written advice;
plain English explanations;
interpreters;
translated documentation;
remote meetings;
support persons (with client consent);
written summaries;
staged decision making.
8. Confidentiality
The Firm shall not disclose confidential information to family members, carers or Attorneys unless legally authorised or otherwise permitted by law.
Where appropriate, the client's consent shall be obtained before discussing matters with third parties.
9. Escalation
Where concerns arise regarding:
capacity;
undue influence;
financial abuse;
coercion;
exploitation;
conflicts of interest;
the matter shall be referred to the supervising Partner or COLP before substantive instructions are accepted.
10. File Recording
Fee earners should record:
indicators of vulnerability;
adjustments made;
capacity considerations;
documents reviewed;
Power of Attorney verification;
reasons for accepting or declining instructions;
supervisory discussions;
reasons for any departures from normal procedure.
Appendix A
Capacity Assessment Checklist
Question Yes No Notes
Have any indicators of vulnerability been identified? □ □
Has the client been interviewed personally where appropriate? □ □
Is the client able to understand the nature of the legal matter? □ □
Can the client retain information long enough to make a decision? □ □
Can the client weigh relevant information? □ □
Can the client communicate a clear decision? □ □
Are reasonable adjustments required? □ □
Is an interpreter required? □ □
Is there evidence of undue influence? □ □
Is anyone attempting to answer on behalf of the client? □ □
Has a Power of Attorney been produced? □ □
Has the Power of Attorney been reviewed? □ □
Does it confer authority for this matter? □ □
Has the identity of the Attorney been verified? □ □
Have potential conflicts between donor and Attorney been considered? □ □
Has direct communication with the donor been considered where lawful and practicable? □ □
Has the supervising Partner/COLP been consulted where appropriate? □ □
Is there sufficient evidence that the client (or lawful representative) can provide valid instructions? □ □
Appendix B
Attorney Verification Checklist
Before accepting instructions from an Attorney, fee earners should confirm:
□ Identity verified.
□ Certified copy of the Power of Attorney obtained.
□ Registration confirmed (where required).
□ Authority extends to this legal matter.
□ No restrictions or conditions apply.
□ No apparent conflict between donor and Attorney.
□ No evidence of coercion or financial abuse.
□ Direct communication with the donor considered where appropriate.
□ Capacity concerns documented.
□ Supervisory approval obtained if concerns remain.
Appendix C
Cross-Jurisdictional Compliance
1. International Practice
ABS&P International Law Firm is established in the Republic of Costa Rica and provides legal and legal consultancy services to clients across multiple jurisdictions.
Accordingly, matters involving vulnerable clients may be governed by one or more legal and regulatory regimes, including but not limited to:
the laws of Costa Rica;
the professional obligations applicable to any solicitor, Registered Foreign Lawyer (RFL), Registered European Lawyer (REL), or other regulated lawyer involved in the matter;
the laws of the jurisdiction in which the client resides;
the laws governing the transaction or dispute.
2. Governing Principle
This Policy establishes the Firm's minimum internal standards.
Where applicable legislation, court rules or professional regulations in any jurisdiction impose more stringent obligations, those obligations shall prevail to the extent of any inconsistency.
Fee earners must seek guidance from the supervising Partner or the Compliance Officer for Legal Practice (COLP), or obtain local legal advice where appropriate, before proceeding if there is uncertainty regarding the applicable legal requirements.
3. Local Law Verification
Where a vulnerable client is located outside Costa Rica, or where legal services are provided in relation to another jurisdiction, fee earners should consider whether local law addresses:
legal capacity;
powers of attorney;
substituted decision-making;
guardianship;
elder abuse protections;
mandatory reporting obligations;
confidentiality exceptions;
financial exploitation;
anti-money laundering implications.
Any material conclusions should be recorded on the client file.
Appendix D
Undue Influence and Financial Abuse Protocol
Purpose
The Firm recognises that a client may possess full legal capacity while nevertheless being subject to undue influence, coercion, manipulation or financial abuse.
Accordingly, assessments of client capacity shall always be accompanied by consideration of whether the client's decisions are genuinely voluntary.
Indicators of Undue Influence
Fee earners should remain alert to circumstances including:
another person insisting on speaking for the client;
reluctance by the client to speak privately;
inconsistent instructions;
sudden changes to long-established legal or financial arrangements;
unexplained transfers of assets;
unusual urgency;
obvious dependency upon another individual;
intimidation or controlling behaviour;
isolation from family or independent advisers;
significant gifts or transfers benefiting a person accompanying the client;
pressure to execute documents immediately;
reluctance to permit the Firm to communicate directly with the client.
No single indicator is determinative. Matters should be assessed holistically.
Private Consultation
Where practicable, the responsible fee earner should meet or communicate privately with the client before accepting substantive instructions.
The purpose of the meeting is to establish:
that instructions originate from the client;
that the client understands the proposed transaction;
that decisions are made voluntarily;
that the client has sufficient opportunity to ask questions without external influence.
Powers of Attorney
The existence of a Power of Attorney does not remove the Firm's obligation to satisfy itself that the Attorney is acting properly and within the scope of the authority granted.
Where concerns arise, the Firm may:
verify the validity and extent of the Power of Attorney;
communicate directly with the donor, where lawful and practicable;
seek evidence that the donor's wishes are accurately represented;
request independent evidence of capacity where appropriate;
seek clarification from the Attorney;
decline to act until concerns have been satisfactorily resolved.
The Firm shall not assume that an Attorney is authorised to provide instructions merely because a Power of Attorney exists. The scope, validity and applicability of the authority must be independently verified.
Financial Abuse
Potential indicators include:
unexplained transfers of funds;
instructions inconsistent with the client's previous wishes;
pressure to dispose of assets;
unusual borrowing;
repeated changes to beneficiaries;
suspicious transactions involving family members, carers or advisers;
refusal to allow the client to communicate independently;
evidence that another person controls the client's finances without proper authority.
Escalation
Where concerns exist, fee earners should immediately notify the supervising Partner or COLP.
Then the Firm may, where appropriate:
suspend the acceptance of instructions;
seek further documentary evidence;
recommend that the client obtain independent advice;
obtain medical or professional capacity evidence where appropriate;
seek local legal advice where the matter involves another jurisdiction;
decline to act if professional obligations cannot be satisfied.
Record Keeping
The client file should include:
the concerns identified;
observations made during meetings;
adjustments implemented;
copies of any Powers of Attorney reviewed;
reasons for accepting or declining instructions;
advice sought from supervisors or external advisers;
any evidence supporting the conclusion that the client's instructions were given freely and voluntarily.
Professional Judgement
Nothing in this Protocol limits the Firm's professional discretion.
Where any fee earner considers that accepting or continuing instructions may expose the client to exploitation, prejudice the administration of justice, or place the Firm in breach of its professional obligations, the Firm reserves the right to suspend, decline or terminate instructions in accordance with applicable law, professional rules and the terms of engagement.
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Part B) Matter Opening and Client Acceptance Policy
Version: 1.0 dated June 6th 2026.
Owner: Compliance Officer for Legal Practice (COLP)
Review Date: Annually or following any material change in applicable regulation.
1. Purpose
This Policy establishes the procedures governing the acceptance of new clients, new matters and new instructions by ABS&P International Law Firm ("the Firm").
The objective is to ensure that every matter accepted by the Firm has been appropriately assessed for legal, ethical, regulatory, financial and reputational risk before work commences.
No fee earner may open a matter or provide substantive legal services until the requirements of this Policy have been satisfied, unless authorised by a Partner in exceptional circumstances.
2. Guiding Principles
The Firm shall only accept instructions where it is satisfied that:
it is legally entitled to act;
the Firm possesses the appropriate expertise;
no unacceptable conflicts exist;
regulatory requirements have been satisfied;
the client has authority to instruct;
the proposed work is lawful;
appropriate client due diligence has been completed;
commercial terms have been agreed;
the matter is consistent with the Firm's professional obligations and risk appetite.
3. Initial Matter Assessment
Before opening any file, the responsible fee earner shall identify:
the client;
beneficial owners (where applicable);
proposed legal work;
relevant jurisdictions;
governing law;
opposing parties;
source of referral;
urgency;
anticipated value of the matter;
expected duration.
4. Client Identity and Authority
Before instructions are accepted the Firm shall verify:
identity;
legal capacity;
authority to instruct;
corporate authority (where applicable);
existence of any Power of Attorney;
trustee authority;
partnership authority;
governmental approvals where required.
Where instructions are provided under a Power of Attorney, the responsible fee earner shall comply with the Firm's Vulnerable Client Policy and independently verify:
validity;
scope;
applicability;
continuing effectiveness;
absence of material conflicts.
5. Conflict Checking
No matter shall be opened until conflict checks have been completed.
The conflict review should include:
current clients;
former clients;
related entities;
affiliates;
beneficial owners;
directors;
shareholders where appropriate;
opposing parties;
known witnesses if material.
Where any actual or potential conflict exists, the matter shall immediately be referred to the supervising Partner or COLP.
6. Regulatory Due Diligence
Before opening a file, consideration shall be given to:
anti-money laundering obligations;
sanctions compliance;
anti-bribery legislation;
terrorist financing risks;
politically exposed persons (PEPs);
source of funds;
source of wealth where appropriate;
suspicious activity indicators.
The Firm reserves the right to request further documentation before accepting instructions.
7. Jurisdiction Assessment
The responsible fee earner shall determine:
which jurisdictions are involved;
whether the Firm is authorised to advise;
whether local counsel should be instructed;
whether regulatory restrictions apply;
whether foreign law advice is required.
Cross-border matters should not proceed beyond preliminary advice until jurisdictional issues have been considered.
8. Capacity and Vulnerability
Where the client may be vulnerable, the responsible fee earner shall complete the Client Capacity, Vulnerability and Undue Influence Risk Assessment Form before substantive work begins.
Completion of that assessment is mandatory where any indicators of vulnerability are identified.
9. Scope of Retainer
The responsible fee earner shall ensure that:
the client understands the proposed services;
work outside scope is identified;
assumptions are documented;
limitations are explained;
engagement terms are agreed.
10. Fees and Funding
Before opening a matter the Firm should establish:
proposed fee structure;
capped fees (if applicable);
contingency or success fees (where legally permissible);
disbursement responsibility;
third-party funding;
litigation funding;
payment arrangements;
client account requirements.
No fee arrangement shall compromise the Firm's professional independence.
11. Engagement Letter
Work should not ordinarily commence until:
engagement letter issued;
terms accepted;
identity verification completed;
regulatory checks completed;
appropriate advance payment received where required.
12. Risk Assessment
Each new matter should receive a preliminary risk classification.
Low Risk
Routine advisory work with no unusual regulatory issues.
Medium Risk
Cross-border matters, higher-value transactions, unfamiliar jurisdictions, complex ownership structures or matters involving vulnerable clients.
High Risk
Matters involving:
politically exposed persons;
sanctions issues;
high-risk jurisdictions;
substantial international transactions;
complex trust or corporate structures;
litigation with significant reputational implications;
potential financial crime concerns;
serious capacity or undue influence concerns.
High-risk matters require Partner approval before acceptance.
13. Grounds for Declining Instructions
The Firm may decline instructions where:
conflicts cannot be resolved;
client authority is uncertain;
capacity concerns remain unresolved;
identity cannot be verified;
source of funds is unsatisfactory;
professional independence may be compromised;
instructions appear unlawful;
there are concerns regarding fraud, coercion or financial abuse;
jurisdictional competence cannot be established;
acceptance would expose the Firm to unacceptable legal or reputational risk.
14. Matter Opening Checklist
Before opening a file confirm:
☐ Client identified.
☐ Authority verified.
☐ Capacity considered.
☐ Vulnerability assessment completed (where required).
☐ Power of Attorney reviewed (if applicable).
☐ Conflicts cleared.
☐ AML/KYC completed.
☐ Sanctions screening completed.
☐ Source of funds reviewed.
☐ Jurisdiction assessed.
☐ Scope of retainer agreed.
☐ Fee arrangement approved.
☐ Engagement Letter issued.
☐ Risk classification allocated.
☐ Partner approval obtained (where required).
☐ Matter number allocated.
☐ Electronic and physical files created.
15. Ongoing Review
Acceptance of a matter is a continuing obligation.
If circumstances materially change, including new conflicts, changes in client capacity, evidence of undue influence, sanctions developments, regulatory concerns or changes to the scope of work, the responsible fee earner shall reassess whether the Firm should continue acting and shall refer the matter to the supervising Partner or COLP where appropriate.
The Firm reserves the right to suspend or terminate instructions where continued representation would be inconsistent with applicable law, professional obligations or the Firm's risk management policies.