header-logo header-logo

At your service?

22 April 2010 / Victoria Sugden , Paul Castellani
Issue: 7414 / Categories: Features , Regulatory
printer mail-detail

When can solicitors terminate a contentious retainer & can they claim costs? ask Paul Castellani & Victoria Sugden

The legal framework governing the termination of the solicitor/client relationship in contentious matters (the “entire contract” concept) derives from 19th Century authority. Two recent decisions provide important clarification for a solicitor who wishes to terminate their retainer, particularly as to (i) what constitutes “reasonable grounds” for doing so and (ii) whether, having terminated, the solicitor is entitled to payment of his costs and disbursements up to the date of termination.

Webb v John Macdonald QC

The first case, Webb v John McDonald QC and Another, concerned whether practitioners were obliged to put forward all points asserted by their client, irrespective of merit and whether, in the light of their client’s insistence to put forward such points, it was appropriate to threaten to cease to act. The claimant, Mr Webb, was legally aided in the underlying claim and so special considerations applied to the retainer—but notwithstanding that, points of general principle emerged.

The facts

Mr

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll