Is a solicitor allowed to stop working for me?

Solicitors are allowed to stop acting for clients, but only in very specific circumstances. 

The Solicitors' Regulation Authority (SRA) has issued up to date guidance to solicitors about the circumstances in which solicitors can cancel their retainers with clients.

There are certain circumstances in which a retainer between a solicitor would be automatically terminated, for example, if the client passes away. In addition, a client is entitled to terminate their retainer with a solicitor at any time. Conversely, a solicitor can only stop acting for a client if certain events occur.

What is a retainer between a solicitor and a client?

The retainer between a client and their solicitor is the contract which confirms that the solicitor is working for the client, sets out what the solicitor has agreed to do, and what fees will be charged. 

The retainer should also confirm to the client how the retainer can be terminated. 

Unless the retainer document says otherwise, under the terms of the retainer the solicitor agrees to continue acting for the client until the end of the matter. 

When must a solicitor terminate a retainer?

The law says that a solicitor can only terminate a retainer with a client, with "good reason" and on "reasonable notice". 

Solicitors are obliged to consider the reasons they are thinking about terminating a retainer, and ensure that termination is warranted in each case. 

There are some circumstances in which a solicitor has no option but to terminate their retainer with a clients such as where:

• the solicitor has a conflict of interest in continuing to act for a client; 
• the client asks a solicitor to make statements to the court which are not properly arguable;
• the solicitor cannot comply with the Money Laundering Regulations by identifying the client properly; or
• the client makes untrue statements to the court.

Reasons solicitors stop acting for clients

There are of course situations when there might be another good reason that a solicitor no longer wishes to continue acting for a client. These good reasons can be where:

• the solicitor has not been paid by the client for the work they have done or refuses to pay money on account when asked;
• the client doesn't give clear instructions to the solicitor; or
• the client no longer has trust and confidence in the solicitor.

What notice does a solicitor need to give a client if they are stopping acting for them?

If a solicitor wants to terminate a retainer with a client, they are also obliged to give "reasonable notice" that the retainer is going to be terminated. What is considered reasonable can vary from case to case. 

When a solicitor is terminating a client's retainer, they should consider certain factors to determine how much notice to give the client including: 

• how long it will take the client to find a new solicitor and in some cases, the solicitor should help the client find new representation;
• whether there are any hearings or court deadlines coming up, which should be clearly notified to the client; and
• any other factors which are relevant to the particular client.

Get legal help if a solicitor stopped acting for you

If you think that a solicitor has wrongfully terminated their retainer with you, and you have missed court deadlines or hearings as a result, you may be able to bring a claim against them for damages. If your solicitor terminated their retainer with you unlawfully (for example if they were being discriminatory) you should make a complaint to the SRA.

Samuels Solicitors LLP has many decades of experience assisting clients who have been let down by solicitors. We may well be able to act for you in place of the solicitor who has stopped working for you, and we can consider whether you can bring a claim against your previous solicitor for damages. In some cases, we may be able to help you on a no win no fee (also called a conditional fee) basis, if you have a good claim for negligence against the solicitor who has let you down.

If you need to instruct a new solicitor, one of our experts will be able to help. You will need to get in touch quickly to make sure you don't miss any important deadlines. Contact us to find out how we can assist you. 

What Happens If Your Solicitor Stops Acting for You?

Here are some common questions about what happens if your solicitor stops acting for you, and what your options are.

1. Can a solicitor stop working for me without giving a reason?
No. A solicitor can only terminate their retainer for a “good reason” and must give “reasonable notice” before stopping work. Arbitrary termination is not allowed.

2. What counts as a “good reason” for a solicitor to end a retainer?
Good reasons include conflicts of interest, clients asking for improper statements to the court, failure to comply with regulations, or if trust and confidence between solicitor and client breaks down.

3. How much notice does a solicitor need to give before stopping work?
There is no fixed period. Notice should be “reasonable” and may depend on factors such as court deadlines, how long it will take the client to find a new solicitor, and any other relevant circumstances.

4. Can I terminate a retainer with my solicitor at any time?
Yes. Clients are entitled to end their retainer with a solicitor at any time, subject to any terms set out in the retainer agreement.

5. What should I do if my solicitor stops acting for me unlawfully?
If you believe your solicitor has wrongfully terminated the retainer, you may be able to make a claim for damages or file a complaint with the Solicitors’ Regulation Authority (SRA). You should also seek new legal representation quickly to avoid missing deadlines.