Every solicitor-client relationship ends at some point — sometimes amicably, sometimes not. The retainer is the contract governing your work, but it sits on top of fiduciary duties, regulatory obligations, and the court's supervisory role. That makes ending it very different from walking away from an ordinary commercial deal: a client can leave at any time, but a solicitor cannot. Getting the exit wrong can cost you your fees, expose you to a negligence claim, and trigger regulatory consequences all at once.
This lesson takes you through the whole process: when termination is permitted, how to do it safely, and how to protect both your client and your own position afterwards.
- Termination by Client or Solicitor — who can end the retainer and on what basis, and the recognised good reasons that justify a solicitor leaving.
- Notice and Avoiding Prejudice — the duty to give reasonable notice and protect the client's interests, and what happens if you don't.
- Post-Termination Obligations and Documents — what you must confirm, advise, and do once you stop acting, including coming off the record and returning documents.
- The Possessory Lien — your passive right to hold a client's papers as security for unpaid costs.
- Statutory Charge under s.73 — securing unpaid costs against property recovered through litigation.
- Other Terminating Events — bankruptcy, insolvency, and loss of mental capacity, and how each affects the retainer and authority to give instructions.