The rule that a solicitor conducting litigation for a client has an entire contract and that he must fulfil it before being entitled to payment is part of the general law of contract. Where there is an entire consideration there must be entire performance to entitle the plaintiff to remuneration. Goddard J added ‘If however a client does not perform his part of a bargain, that would discharge the solicitor and he may then sue on a quantum merit.’ He instanced a case where the client failed to put the solicitor in funds for counsel’s fees and other disbursements.
Judges:
Goddard J
Citations:
[1936] 2 All ER 745
Jurisdiction:
England and Wales
Cited by:
Cited – Richard Buxton (Solicitors) v Mills-Owens QBD 28-Jul-2008
The solicitors appealed against refusal of their costs. They had begun to act but withdrawn part way through the case. The costs judge had said that they had been wrong to do so. Though the client’s instructions would be disastrous, they were not . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Contract
Updated: 09 November 2022; Ref: scu.375582