Solicitors’ duty to advice

David Truex (a firm) v Kitchin CA TLR 29 August

The claimant firm did not undertake publicly funded work but accepted instructions in matrimonial proceedings from a client who had no money but said she could borrow from her parents or might be entitled to a substantial dividend from a company owned by herself and her husband. The solicitors consulted counsel about a freezing order, prepared proceedings and wrote letters before action and, after further discussions with the client about financing the proceedings, transferred the client to a firm which undertook publicly funded work, which immediately granted her public funding. The solicitors rendered a substantial bill to the client, which she refused to pay on the grounds that she had throughout been entitled to free public funding. The solicitors sued for their costs and their action was dismissed.