The test for an implied solicitor-client retainer is the same objective test for contract formation applied generally: whether, assessed objectively, the circumstances give rise to a clear inference of a contractual relationship. The statement in Pegrum v Fatharly that a retainer will be 'presumed' from a de facto solicitor-client relationship does not create a separate or lower test; it is merely a description of the inference that arises from the objective circumstances. A solicitor who performs work without a written costs agreement may still recover fees (after assessment) if an implied retainer can be established on the facts.
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