PPC2 Professional Responsibility study materials
PPC2 Professional Responsibility study resources

PPC2 Professional Responsibility: Formation and Scope of the Lawyer-Client Relationship

PPC2 Professional Responsibility · Work through your exam, one topic at a time.

All guide sections

Formation and Scope of the Lawyer-Client Relationship

The retainer defines the relationship

The lawyer-client relationship normally arises from an express or implied agreement (the retainer), but duties can attach before it is formalised - a preliminary consultation is already confidential. Clarify who the client is, what is in scope, what is excluded, the fee basis, and who has authority to instruct.

Concepts

  • Client identification and verification: know-your-client and anti-money-laundering duties before acting.
  • Scope: limited retainers are legitimate but must be recorded; scope creep is a common source of complaints.
  • Entity clients: where you act for a company, the client is the company, not its directors or shareholders. Duties run to the entity; manage reporting to individuals carefully.
  • Third-party payers: a parent, insurer or employer paying the bill does not become the client and does not acquire the right to direct the matter or see privileged advice without consent.
  • Authority and capacity: verify who may bind the client and whether the client can properly instruct.
  • Termination: withdrawal requires notice, court leave in litigation, protection of the client's interests, and return of papers subject to any lien.

Traps

Assuming the person paying is the client; treating a director's instructions as the company's when the board has not authorised them; allowing a limited retainer to expand without written confirmation; acting for both spouses on a joint purchase without documenting the joint retainer and its limits.

Worked example

A mother pays for her daughter's immigration application. The daughter is the client. If the mother asks for the file, you must decline without the daughter's consent - the payer's money does not buy the privilege.

Rule of thumb: capture the retainer in one page - client, scope, exclusions, fees, who instructs, and how the matter ends.