Scope of Retainer and Client Instructions: Managing Professional Risk – Leo Cussen Centre for Law

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Scope of Retainer and Client Instructions: Managing Professional Risk

Scope of Retainer and Client Instructions: Managing Professional Risk

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The scope of a retainer does more than define the work to be undertaken, it shapes the solicitor's professional obligations, manages client expectations, and can be critical in defending negligence claims. This session examines the practical and legal issues that arise when the scope of a retainer is unclear, evolves over time, or extends beyond the client's express instructions. 

 

This session will discuss: 

  • Scoping the retainer and defining the limits of your engagement. 
  • When does a solicitor's duty extend beyond the client's express instructions? 
  • Managing scope creep, evolving retainers, and changing client expectations.
  • Distinguishing between documenting client transactions and advising on them. 
  • Appropriately recording advice and key decisions to support the file.
  • Lessons from professional negligence claims on the scope of the retainer.