FAQ
Important: The FAQs below were written and published before the introduction of the SRA Handbook on 6 October 2011, and may refer to regulatory material that is no longer in effect. Although they may still be relevant, these FAQs have not yet been reviewed in light of the wide-ranging regulatory changes implemented on 6 October. They will be reviewed and updated (or archived) in due course.
My client will not pay my bill. Can I terminate the retainer?
Guidance note 8 to rule 2 of the Code of Conduct allows a solicitor to terminate the retainer if they have a very good reason, and upon giving reasonable notice.
If the matter is contentious, section 65 of the Solicitors Act 1974 allows a solicitor to terminate for non-payment of fees.
If the matter is non-contentious, the solicitor would have had to reserve the right to terminate within their terms of business.