Changing the scope of the retainer

You must make sure you are within the scope of your retainer and that you advise on every area that is within such scope. This is a very high test and the first thing any client will look at if considering a negligence claim against you. It will therefore be routine in most retainers that you need to amend the scope of work set out in the Engagement Letter.

To amend the scope of the retainer, simply email the client with a blind copy to the Clients Team. The email should note that the client has agreed to the changes set out therein, but where you wish to be more formal (e.g. where it has been some months since we last undertook work on the matter), then it is a good idea to use the Refresher Engagement Letter available through Keyed-In. Whichever method is preferred, it should address the following points as a minimum:

• The scope of the legal services (or what is now added or removed from the scope).

• The name, contact details, charges and status (i.e. solicitor, barrister) of the lawyer(s) instructed.
• Any changes to the estimate of costs and time required.
• Costs on Account (only if required).
• That our standard Terms of Engagement will apply as already agreed.
• That these terms have been agreed but nonetheless asking the client to reply to accept our terms.
• Any other relevant points.