Retainer Clause (Termination of Legal Services) (ON)

Summary

This clause is intended for inclusion in a retainer letter or agreement which outlines the provisions regarding the termination of legal services. This clause includes practical guidance and drafting notes. The retainer letter should include a provision with respect to termination of the retainer by either the client or the lawyer. If the client ends the retainer, the termination clause should require the client to pay any fees or expenses for work done to date. The client should also be required to sign a form indicating that the lawyer is no longer representing the client. With respect to withdrawal of services and termination of the retainer by the lawyer, Rule 3.7–1 of the Law Society of Ontario Rules of Professional Conduct provides that: “A lawyer shall not withdraw from representation of a client except for good cause and on reasonable notice to the client.” The Commentary to this rule emphasizes the requirement to provide reasonable notice, while explaining that there are no ...