Retainer

Question 1

When and why can a client terminate a retainer?

Answer 1

Anytime, for any reason

Question 2

When and why can a solicitor terminate a retainer?

Answer 2

Must have a good reason:
- acting would breach law/professional conduct,
- cannot obtain proper instructions,
- breakdown in relationship
Should provide reasonable notice of termination

Question 3

When will a retainer be terminated by law?

Answer 3

• if the solicitor is bankrupt/lacks mental capacity

Question 4

What is a lien?

Answer 4

Legal right allowing a creditor to retain the debtor’s property until payment
SO: solicitor doesn’t have to hold over the client’s file until paid in full
BUT: court or SRA can order the solicitor to deliver up the file