Information to client

Although the requirement to give costs information at the outset of a retainer has been a requirement of the Law Society practice rules for more than ten years, it is surprising how often it is ignored or overlooked, according to the Law Society’s Gazette of 25 April. The exceptions to the requirement are few and far between, examples being continuous and repetitive work for the same client, the taking of instructions for a death-bed will and emergencies. However, while an emergency might be a sufficient reason for not giving costs information at the outset of the retainer and before work is started, it does not excuse complete failure to give any information at any stage. Where solicitors took over the conduct of proceedings from another firm only five days before the final hearing they inadvertently overlooked the matter of costs information. This may have been understandable, but unfortunately the retainer continued for a further 18 months during which time the client was given no information as to costs nor were any interim bills rendered. The outcome was the solicitors were ordered to pay compensation to the client amounting to almost one-fifth of their fees.