Where a solicitor is engaged on a speculative ('no win, no fee') retainer and the client terminates the retainer before the action concludes, the solicitor may be entitled to quantum meruit for services rendered or damages for breach of contract, depending on whether the termination was premature and unjustified. However, if the client terminates because the solicitor's conduct was dishonourable or fraudulent, the client may terminate without liability for costs attributable to the fraudulent objective. In disputes over oral retainers, the word of the client is to be preferred to that of the solicitor. A solicitor who conducts his own case and gives controversial evidence should not recover professional costs but is limited to costs recoverable by an ordinary litigant in person.
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