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9 SOLICITORS

Professional Negligence and Liability

Chapter 9 SOLICITORS - authored by Patrick Lawrence and Ben Patten I. COMMON LAW DUTIES 1.  Duty in contract 9.1 When a solicitor provides services to a client, he will do so pursuant to a contract. Hence the starting point for considering the scope of a solicitor’s duty must be the contractual retainer. As Oliver J observed in the case of Midland Bank Trust Co Ltd v. Hett, Stubbs & Kemp 1 : “The extent of [a solicitor’s] duties depends upon the terms and limits of that retainer and any duty of care to be implied must be related to what he is instructed to do.”

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