A solicitor's retainer for uncomplicated litigation on a 'no win no fee' basis is an entire contract; the solicitor is not entitled to professional fees unless the matter is brought to a successful conclusion. Where such a retainer is frustrated (e.g., by discovery of a conflict of interest), the solicitor cannot claim fees for work done under the contract, though a restitutionary claim may lie if the client in fact received and made use of the benefit of the work. A 'subject to' provision in a retainer operates as a condition subsequent authorising termination, not as a warranty breach of which entitles the solicitor to accrued fees. Section 286(1) of the Legal Profession Act 2004 (Qld) mandates a costs order against a practitioner found guilty of misconduct unless exceptional circumstances are established.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
4 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.