Remedial steps concerning damaged retainers

The costs team regularly advise on dealing with ‘broken retainers’ (both for paying and receiving parties), but often the problem goes further than just the case in question; it can often be the case that a firm is faced with a systemic defect in their retainers which has the potential to affect dozens or hundreds of cases. We regularly deal with such problems.

The last thing a solicitor wants to do in this type of situation is to spend money unnecessarily, so we recommend he or she obtains a copy of Civil Costs: Law and Practice and read chapter 10. There is a flow chart in that chapter that will allow most problems to be addressed without the involvement of counsel. If concerns still remain, then we would be happy to accept instructions. Counsel will need the retainer, the client care letter, any other relevant correspondence, any relevant attendance notes, standard terms and conditions, and a factual description as to the circumstances in which the retainer was made (e.g., at the client’s home following a visit by an agent).

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