Sophie Belgrove & Alison Padfield examine the Court of Appeal’s approach to solicitors’ duties under a limited retainer
Recent research by Ipsos MORI for the Legal Services Board and Legal Services Consumer Panel indicates that law firms are beginning to develop affordable alternatives to a traditional retainer (Qualitative research exploring experiences and perceptions of unbundled legal services, 6 August 2015). Clients who choose alternatives to full-service representation tend to do so for reasons of reduced cost and the opportunity to exercise greater control over a case. The need for alternatives has grown in light of the greatly reduced availability of legal aid. “Unbundling” of legal services is becoming more commonplace; the term “unbundling” denotes provision of discrete legal advice or assistance under a limited retainer. Recent cases illustrate the need for clients and solicitors to understand the scope of solicitors’ duties in this developing area.
Padden
In Padden v Bevan Ashford Solicitors [2011] EWCA Civ 1616, [2012] 2 All ER 718, the claimant alleged that the defendant had failed to advise her properly in connection with the provision of security over her
