I. COMMON LAW DUTIES

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.”