8.9 Limited Scope Retainers
Whether acting as a solicitor or litigator, it is possible to be retained to perform only limited services for a client. The Code of Conduct, Rule 3.2-2 provides:
Before undertaking a limited scope retainer, the lawyer must advise the client about the nature, extent and scope of the services to be provided and must confirm in writing to the client as soon as practicable what services will be provided.
Be aware of the risks associated with limited scope retainers and remember that you cannot contract out of negligence.
If you are entering into a limited scope retainer, make sure it is carefully worded and that your client
- appreciates the limited nature of the retainer,
- understands the risks involved and
- enters into the limited retainer with informed consent.
You should clarify exactly what services you are providing and what matters you understand the client is attending to.