OWEN & OWEN

The parties to this proceeding were Owen & Owen, a firm of solicitors, and the respondent, who was a client of the firm. The dispute concerned the firm's entitlement to recover fees for work performed in relation to a proposed acquisition of a company. The matter came before Wilson J in the Supreme Court of Queensland.

The central legal issue before the court was whether Owen & Owen had validly terminated their retainer with the client. This question turned on whether the firm had provided the client with sufficient notice of its intention to terminate the retainer, and whether the client had been given a reasonable opportunity to make alternative arrangements for legal representation.

Wilson J reasoned that a solicitor's retainer is a contract that can be terminated by either party, provided reasonable notice is given. The judge found that the notice provided by Owen & Owen was insufficient, as it did not allow the client a reasonable period to secure new legal advice before the firm ceased acting. The court applied the principle that solicitors have a duty to their clients that continues until the retainer is properly terminated, and that this duty includes ensuring the client is not prejudiced by an abrupt cessation of services.

The court ordered that Owen & Owen were not entitled to recover the fees claimed, as the termination of the retainer was found to be invalid.