Costs and Retainers: Obligations, Disputes, and Emerging Issues

Getting costs and retainers wrong remains one of the most common causes of client complaints, costs disputes and professional risk for legal practitioners. At the same time, emerging issues such as AI-assisted work, new AML/CTF obligations and changing client expectations are creating fresh challenges for how legal services are priced, delivered and communicated.

This session examines the practical issues that most often give rise to costs disputes and compliance concerns, including:

• Cost estimates — when a projected cost range is acceptable and when a single figure may be appropriate.
• Retainer scope, scope creep and termination — defining and enforcing the limits of the engagement from day one.
• Alternative pricing models — practical guidance on fixed fees, capped fees and subscription retainers that comply with Uniform Law requirements.
• Billing for AI-assisted work — ethical considerations, disclosure obligations and emerging client expectations.
• Trust money, billing and withdrawal of costs — common compliance pitfalls and risk-management strategies.
• AML/CTF obligations from 1 July 2026 — the impact of client due diligence requirements on retainer and onboarding processes.
• Costs complaints and recent VLSB+C decisions — lessons from recent cases and the mistakes practitioners continue to make.