Q&As

If previous solicitors have handed over matter papers without any request from me, do I need to provide an undertaking as to costs?

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Published on LexisPSL on 16/06/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • If previous solicitors have handed over matter papers without any request from me, do I need to provide an undertaking as to costs?
  • Retaining liens
  • Subject access requests

If previous solicitors have handed over matter papers without any request from me, do I need to provide an undertaking as to costs?

This Q&A refers to a situation in which a matter has been transferred from another solicitor (Firm A) to (Firm B) and the previous solicitor has sent the matter papers to Firm B requesting an undertaking as to costs.

Retaining liens

A retaining or general lien attaches to all deeds, papers and other personal property of a client that come into a solicitor’s possession in his capacity as solicitor with the client’s consent. A retaining lien is restricted to costs due to a solicitor in respect of work done on a client’s instructions.

A solicitor is entitled to retain a client’s property, in this case the matter file until their costs are paid in full.

On the termination of a

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