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But, subject to seeing the full text of the letter, it may well not be right to interpret the letter as terminating the retainer. Arguably, the letter simply informs the client that the firm is looking to run off its personal injury work and proposes to transfer the case to NH: there is no termination of the retainer until the new firm takes the matter over and serves notice of change. The DJ's conclusion means, in effect, that Baker Rees were leaving the clients high and dry, which is presumably not what BR were seeking to do.

Just as importantly, what does the SRA have to say about the "commercial wholesale disposal" of clients (or, more accurately, their files)? I struggle to see how any firm can present the transfer of the file as a fait accompli: the client can say "no" or the new firm might find that it cannot act for that particular client. That seems to me to suggest that the retainer was not terminated by the letter in question.

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