Retainers: Form

Question 1

What does Section 58 CLSA 1990 govern?

Answer 1

CFA

Question 2

s.58(1) of the Courts and Legal Services Act 1990 provides:

Answer 2

A conditional fee agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a conditional fee agreement; but (subject to subsection (5)) any other conditional fee agreement shall be unenforceable.

Question 3

What formalities apply to a CFA?

Answer 3

There are a number of Statutory requirements which ALL CFAs are required to comply with to be valid:

s58(3) CLSA 1990
- in writing
ii. not relate to family / crime (as CFA unenforceable)
iii. comply with requirements prescribed by LC

Question 4

Which statute governs CBAs?

Answer 4

Section 59 Solicitors Act 1974: CBA

Question 5

What formalities apply to a CBA?

Answer 5

• in writing
• provides remuneration by gross sum / hourly rate / salary

Question 6

Define a CFA

Answer 6

“an agreement with a person providing advocacy or litigation services

which provides for his fees and expenses, or any part of them,

to be payable only in specified circumstances.”

Question 7

Section 65(2) of the
Solicitors Act 1974

Answer 7

If a client who has a retainer with their solicitor for contentious business refuses of fails to make a POA requested by their solicitor, the solicitor can deem this as ‘good cause’ and reasonable notice to the client, withdraw from the retainer