Accurately estimating fees can be a costly business, as explained by William Gibson (see [2007] Gazette, 21 June, 30), and even more so if costs estimates are not comprehensively provided.


His careful analysis of Garbutt v Edwards is well worth bearing in mind when first writing to a client, together with the effect of Macdougall v Boote Edgar Esterkin Costs Law Reports [2001-2002] 118. The court there held that only the fullest information would be sufficient to fix the clients with informed approval and therefore acceptance of the solicitor's costs.



The provisions in the Code of Conduct that the retainer will not 'invariably' be rendered unenforceable by reason of failure to comply with the new rules about costs information (among other things) is some comfort. However, it may prove cold comfort if there is no informed consent or, to put it more plainly, agreement between the parties, in which case there is no retainer. Let the profession be warned (again).



Tony Guise, GUISE, London