What is a Retainer? Flashcards
What is a Retainer?
A retainer is a contract for service which forms the basis upon which a solicitor may charge his client.
A retainer is governed by contract law, and special rules apply
Is there a general form for a retainer?
No, there is no general form for a retainer.
A retainer can take many forms, such as CFA / Client care letter / Contentious and Non Contentious Business agreements
What does s13 of the Supply of Goods Act 1982 provide?
s13 provides for an implied term, for ‘quality of service’, that services will be provided with ‘reasonable skill and care’ and applies to contracts for legal services
How does contract law apply to retainers?
Non-Statutory Requirements
CFAs are subject to the same common law requirements as any contract. In order for a CFA to be enforceable, the requirements that it satisfies that law that it is a contract must be present as well as specific requirements relating solely to CFAs
Of particular importance to practitioners will probably be the requirement for capacity to contract.
CFAs with minors, Protected Parties or clients who were intoxicated at the time of entering into the same will not be enforceable.
