By Daniela Faggionato and Stephanie Barclay -
Snapshot
- A solicitor’s retainer is a contract subject to proof in accordance with usual contractual principles.
- An ongoing, general retainer does not mean a solicitor is retained for all time. The question is whether the solicitor was retained on the particular transaction.
- Best practice requires the terms (and limits) of the retainer to be in writing.
The solicitor’s retainer is the foundation of the relationship between solicitor and client, and is the contract from which the solicitor’s obligations to the client are established.
To avoid future disagreement, it is important the solicitor and client have a common understanding about what the solicitor will and will not do for the client.
It is in both parties’ interests that the solicitor properly inform the client about the limits of their retainer.
From a risk management perspective, confirmation in writing is preferred. This will assist with proof if it becomes necessary.
From a client perspective, written confirmation may help foster a better rapport and working relationship with the client because both parties understand the tasks being completed.
