Executing a retainer agreement when commencing a legal matter has become routine. In fact, in most jurisdictions, a written agreement is required. In many cases, however, the primary focus of the parties is the fee arrangement. The description of the matter is often limited or even vague. Legal malpractice claims are asserted for different reasons, but often arise out of a dispute between a lawyer and a client about exactly what the lawyer was retained to do. Obviously, legal malpractice claims are a negative outcome for lawyers, but given the complexity and expense, they are also a less than optimal result for clients as well. Defining the scope of representation as clearly as possible at the beginning of the case is equally important to both the lawyer and the client for a successful attorney/client relationship.
MCCA CLE Expo Handout