Conduct and service ;Dont leave the client high and dry ; ;The termination of a retainer by a solicitor frequently provokes complaints particularly when the client is legally aided. ;Although the legal aid aspect of these complaints may be diminishing, the same principles apply to cases where the clients have other forms of assistance or, in appropriate circumstances, where privately paying clients fail to make a payment on account. ;The guiding principle in the professional conduct guide states that a solicitor should not terminate a retainer except for good reason and upon reasonable notice. Difficulties arise when circumstances justifying termination happen shortly before a scheduled hearing date. ;Such was the situation concerning Mr A, who had obtained legal aid to pursue a claim against a company that allegedly had supplied defective goods. The case had reached the stage where a hearing date was allocated for 18 November the client being notified of this date on 16 August. ;However, the solicitors had applied to increase the costs allowance. The Legal Aid Board carried out a review of the case and, on 4 September, discharged Mr As legal aid certificate on the grounds that it fell within small claims limits. The discharge was appealed, heard on 14 November, and refused. ;Therefore, it was not until 14 November that the solicitors informed Mr A they were unable to represent him in court unless he could privately fund the matter. Prior to the appeal, the complainant had been given no advice on his position should the appeal fail. Nor was the complainant given any advice on the procedure required to conduct the hearing himself. ;In essence, Mr A was reminded of the hearing date, told he was on his own and left to deal with the matter as best he could. ;The OSS decided this was not good enough. Although the solicitors were, in the circumstances, justified in viewing their retainer as terminated, they should have given Mr A prior warning of the circumstances should the appeal fail. Also, they should have given him other guidance to assist in the personal conduct of proceedings. ;Mr A was awarded compensation by the compliance and supervision committee. ;l Every case before the compliance and supervision committee is decided on its individual facts. These case studies are for illustration only and should not be treated as precedents. ;The termination of a retainer by a solicitor frequently provokes complaints particularly when the client is legally aided. ;Although the legal aid aspect of these complaints may be diminishing, the same principles apply to cases where the clients have other forms of assistance or, in appropriate circumstances, where privately paying clients fail to make a payment on account. ;The guiding principle in the professional conduct guide states that a solicitor should not terminate a retainer except for good reason and upon reasonable notice. Difficulties arise when circumstances justifying termination happen shortly before a scheduled hearing date. ;Such was the situation concerning Mr A, who had obtained legal aid to pursue a claim against a company that allegedly had supplied defective goods. The case had reached the stage where a hearing date was allocated for 18 November the client being notified of this date on 16 August. ;However, the solicitors had applied to increase the costs allowance. The Legal Aid Board carried out a review of the case and, on 4 September, discharged Mr As legal aid certificate on the grounds that it fell within small claims limits. The discharge was appealed, heard on 14 November, and refused. ;Therefore, it was not until 14 November that the solicitors informed Mr A they were unable to represent him in court unless he could privately fund the matter. Prior to the appeal, the complainant had been given no advice on his position should the appeal fail. Nor was the complainant given any advice on the procedure required to conduct the hearing himself. ;In essence, Mr A was reminded of the hearing date, told he was on his own and left to deal with the matter as best he could. ;The OSS decided this was not good enough. Although the solicitors were, in the circumstances, justified in viewing their retainer as terminated, they should have given Mr A prior warning of the circumstances should the appeal fail. Also, they should have given him other guidance to assist in the personal conduct of proceedings. ;Mr A was awarded compensation by the compliance and supervision committee. ;l Every case before the compliance and supervision committee is decided on its individual facts. These case studies are for illustration only and should not be treated as precedents. ;Lawyerline ;Facing a complaint? Need advice on how to handle it? Get in touch with Mike Frith at LAWYERLINE, the support service offered by the Office for the Supervision of Solicitors, tel: 0870 606 2588. ; ; ;