David Burrows considers when lawyers can (& should) terminate retainers
Buxton v Mills-Owens [2010] EWCA Civ 122, [2010] All ER (D) 242 (Feb) deals with the issue of whether, and if so in what circumstances, a solicitor may terminate a client’s retainer. In giving judgment, Dyson LJ (as he then was) considers a number of important professional practice questions.
Mr Mills-Owens (MO) instructed Richard Buxton, solicitors (RB), in connection with a planning appeal. The notice of appeal was drafted hastily for reasons explained in the judgment. It contained four grounds. On further consideration, and by a second barrister instructed, RB advised that only the first ground of appeal had any prospect of success “within the very tight parameters set by the law” (para [13]) in this area of work. It would be “counter productive to raise questions ‘which are not going to succeed’” said the barrister (para [14]). MO instructed the lawyers to proceed on all grounds, and and on counsel’s skeleton argument as amended by him.
RB discussed the matter with the Law Society; and then wrote to MO saying that he
