Breakdown of Joint Retainer
Acting for more than one client in a matter or transaction is called a joint retainer or joint engagement. A lawyer or limited licensee can act for more than one client in a matter or transaction if they advise the clients that:
- the lawyer or limited licensee has been asked to act for both or all of them;
- no information related to the matter received from one client can be treated as confidential from the others; and
- if a conflict develops that cannot be resolved, the lawyer or limited licensee cannot continue to act and may have to withdraw.
If the lawyer or limited licensee has a continuing relationship with one of the clients and acts regularly for them, the lawyer or limited licensee must:
- tell the other client(s); and
- recommend they obtain independent legal advice on the joint retainer or engagement.
See section 3.4-5 and 3.4-6 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
If a conflict arises between the clients in a joint retainer that can’t be easily resolved, the lawyer or limited licensee must not advise either of them on the issue. Instead, the lawyer or limited licensee must:
- refer the clients to other lawyers or limited licensees;
- advise the clients they can settle the issue between themselves if:
- no legal advice is needed;
- the clients are sophisticated; and
- withdraw, if the issue is not resolved.
See section 3.4-8 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
If you believe a lawyer or limited licensee has acted inappropriately when there was a breakdown of a joint retainer, submit a complaint.
Common Questions
Independent legal advice means meeting with a lawyer or limited licensee who is not connected to your first lawyer or limited licensee, or the transaction. They explain the legal parts of the transaction to you. This often only requires one meeting. See section 3.4-27 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
A lawyer or limited licensee cannot represent both the builder (or developer) and the buyer in a new home purchase, even if both sides agree. A lawyer or limited licensee must also stop acting if there is, or could be, a conflict of interest. See section 3.4-5, commentary [3] of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.