Explain and Describe What Is Meant by a Solicitor’s Retainer. Outline the Main Circumstances in Which a Solicitor Can Properly Refuse to Act for a Client.

Topics: Undue influence, Contract law, ACT Pages: 2 (428 words) Published: April 30, 2011
A solicitor’s retainer means that :-

A solicitor who is generally free to decide whether to accept instructions from a particular client.

A solicitor should not refuse to accept instructions based upon the race, colour, ethnic or national origins, sex or religious or political beliefs of a prospective client.

In deciding whether to represent a prospective client who is accused of a crime, a solicitor should not be influenced by his own opinion of the client's guilt.

A solicitor cannot be retained by a client who does not have a mental capacity.

A solicitor who is instructed to bring an action against his client's former solicitor should, provided he is competent and able, accept those instructions. However, he should not accept instructions to sue a colleague with whom or with any of whose partners he is on friendly terms; he should instead explain the situation and advise the prospective client to seek advice elsewhere.

A Solicitor can refuse to act for a client as the followings:-

1.Breach of law or misconduct
A solicitor who has accepted instructions to act is under a duty to uphold the law and to observe the rules of professional conduct; a client must accept these limitations on the performance of a retainer.

2.Competence to Act
This obligation to refuse or to cease to act is a consequence of the ethical responsibility to act competently and promptly in carrying out any retainer.
3.Duress or Undue Influence
If a solicitor suspects or has reason to suspect that a client's instructions were given under duress or undue influence, he must either see the client alone in order to satisfy himself that the instructions were freely given, or refuse to act.

4.Unclear Instructions
A solicitor is entitled to refuse to act or to cease acting if he cannot obtain clear instruction from a client.

5.Conflict of interest
A solicitor must not act, or must decline to act further, where there is, or is a significant risk of a...
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