Implied retainers

Mr A complained to the Law Society that his solicitors were not replying to his enquiries and had not sent him any correspondence or given him any information about the claim they were pursuing on his behalf. The claim was for damages for injuries suffered while on holiday in a foreign jurisdiction.


When the complaint was put to the solicitors, they protested that no retainer existed. They were simply 'assisting' Mr A by providing him with a point of contact with lawyers instructed abroad.


In fact, it transpired that the solicitors had instructed the foreign lawyers on Mr A's behalf after travelling abroad for this purpose, and had advised him that he was liable for their 'expenses' in doing so. There had been no direct contact between Mr A and the foreign lawyers.


Taking into account all the circumstances of the case, an adjudicator was satisfied that a solicitor/client relationship existed &150; whether or not the solicitors intended to charge any fees as such &150; and that Mr A was entitled to the same standards of professional service as any other client.


In a separate case, Ms B consulted solicitors about a potential personal injury claim and gave them photographs of her injuries.


The solicitors made an application for legal aid (which was available at the time) but it was refused. The solicitors wrote to Ms B advising her about an appeal and requesting further information if she wished for one. No further instructions were forthcoming and the solicitors subsequently closed their file without making any charge.


When Ms B subsequently requested the return of her photographs, the solicitors failed to produce them and simply advised her that as there was no solicitor/client relationship they were not obliged to do so.


Ms B complained and when the matter came before an adjudicator he had no hesitation in finding that there was such a relationship, which gave rise to a duty on the solicitor's part to safeguard the client's documents.


Both solicitors fell into the same trap of believing that because the work they carried out was limited and had not been charged for, no solicitor/client relationship had been established. This, they argued, prevented the Law Society from considering the complaint of inadequate service. They were both wrong and were directed to pay compensation to the client.


Also, because in both cases no attempt had been made to conciliate the complaint, the solicitors were directed to pay the Law Society's costs of the investigation and adjudication, which can be recovered under section 44C of the Solicitors Act 1974 up to a current maximum of £840.



Every case before the adjudication panel is decided on its individual facts. These case studies are for illustration only and should not be treated as a precedent.