Managing expectations

The interpretation of the terms of a retainer between solicitor and client can often lead to misunderstanding. That can result in complaints being made that a solicitor has not done or charged what the client expected. Therefore, the provisions of the solicitors' costs information and client-care code are specific about what information should be given to clients at the outset and during the course of a retainer.


This is more likely to be a problem in contentious or complicated cases where it is difficult, at the outset, to give an accurate estimate of the time-scale, cost and potential complications of a proposed course of action. However, that imposes a greater responsibility on the solicitor to give the best information possible and to update it regularly.


Clients can often lose sight of the costs consequences of the steps they expect their solicitor to take in pursuance of their goals, and need to be regularly reminded of the cost benefit and risks of what they are undertaking. Managing their expectations in these circumstances is likely to reduce the chance of them becoming disgruntled complainants if the outcome of their case is unwelcome.


A recent decision concerned a personal Injury claim where the solicitors had obtained counsel's opinion on liability, which indicated that, on the basis of the evidence then available, the prospect of success was less than 50%. It went on to advise the obtaining of reports, statements and documents that might change that opinion if the case were to be pursued.


The solicitors sent a copy of that advice to their client, indicating that in view of counsel's advice, arrangements would have to be agreed with the client for the future funding of the matter. Six months later, with a limitation date rapidly approaching, the client chased progress of obtaining the evidence referred to in counsel's advice. The solicitors said no steps had been taken because they were waiting for the client to put them in funds, even though no specific request had been made for payment. The client subsequently complained of delay and failure to follow instructions.


The adjudicator found that there was a failure on the solicitor's part to provide adequate advice on the steps that were being taken to progress the claim and the cost consequences.


The solicitors' cost information and client-care code is primarily intended to ensure that clients are given the information they need to enable them to understand what is happening in their matter. Observance of the code is also the best means of protection for solicitors against complaints that their service has not met their client's expectations.


Cases before the Law Society's adjudication panel are decided on their individual facts. This case study is for illustration only and should not be treated as a precedent