Litigation
The obligations of solicitors and professionals when responding to informal queries
How far do professionals assume responsibility when responding to informal queries from former clients where there is no retainer covering the response?
In July 2022, the Court of Appeal delivered its judgment in Spire Property Development LLP & Anor v Withers LLP [2022] EWCA Civ 970. The main judgment, given by Lady Justice Carr, will be of interest to solicitors and other professionals who receive informal queries or requests for advice from former clients in circumstances where there is no retainer covering the professional's response.
The ruling establishes principles determining the extent to which professionals assume responsibility when responding to informal queries. Professionals must exercise care in how they respond, and clients must likewise be thoughtful in how they frame their inquiries.
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