Ontario Barrister and Solicitor Practice Exam

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Is a new retainer required if a client asks a lawyer to change the legal use of the property they are purchasing?

Yes, a new retainer must be signed
No, the existing retainer covers it
Depends on the lawyer's discretion
Not if the change is minor

The correct answer is: Yes, a new retainer must be signed

A new retainer is required because changing the legal use of a property is a significant alteration in the scope of work and legal services provided by the lawyer. This would require additional time, effort, and resources from the lawyer, which warrants a new retainer agreement to reflect the extended services. Option B is incorrect because the existing retainer would only cover the original scope of work. Option C is unlikely as the decision may fall within the parameters of the lawyer's ethical obligations. Option D is incorrect because the significance of the change may vary and the determination of whether a new retainer is needed should be made by the lawyer.