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Clive - in the Landsberg case, Jackson LJ summarised the law as follows (para 38):

'Let me now stand back from the authorities and summarise the relevant principles:
i) A solicitor's contractual duty is to carry out the tasks which the client has instructed and the solicitor has agreed to undertake.

ii) It is implicit in the solicitor's retainer that he/she will proffer advice which is reasonably incidental to the work that he/she is carrying out.

iii) In determining what advice is reasonably incidental, it is necessary to have regard to all the circumstances of the case, including the character and experience of the client.

iv) In relation to (iii), it is not possible to give definitive guidance, but one can give fairly bland illustrations. An experienced businessman will not wish to pay for being told that which he/she already knows. An impoverished client will not wish to pay for advice which he/she cannot afford. An inexperienced client will expect to be warned of risks which are (or should be) apparent to the solicitor but not to the client.

v) The solicitor and client may, by agreement, limit the duties which would otherwise form part of the solicitor's retainer. As a matter of good practice the solicitor should confirm such agreement in writing. If the solicitor does not do so, the court may not accept that any such restriction was agreed.

In respect of proposition (v), I am somewhat more cautious in my formulation of the principle than was Lightman J in Hurlingham. The passage which I have quoted from Hurlingham certainly reflects good practice in appropriate cases, but I doubt that it embodies any universally applicable rule of law. There are many situations in which the client cannot afford to pay for all the relevant research and advice that the solicitor would be competent to provide. In those situations the choice may be between a limited retainer or no retainer at all.'

The problem is (ii), (iii), and (iv). Particularly, the statement 'An inexperienced client will expect to be warned of risks which are (or should be) apparent to the solicitor but not to the client.'

And the practical application of this - where does this end? Should you include an entire agreement clause to stop terms being implied? Needs very clear wording... Then the client will say that they didn't know what it meant...