What is a Limited Scope Retainer?

Limited scope retainers, also referred to as “unbundled services”, “limited scope representation” or “legal coaching”, allow lawyers to provide legal services by agreement with respect to a defined part of a legal matter instead of taking on the entire file. Limited scope retainers bridge the gap between full legal representation and self-representation, providing a cost-efficient way to access legal services.

Limited scope retainers are typically used for clients who cannot afford or do not want full legal representation but could benefit from some limited legal advice. Here are some examples of when limited scope retainers may be appropriate:

• assessing the merits of a matter and providing legal advice;
• conducting initial and follow-up consultations for advice;
• drafting or assisting in drafting documents, including pleadings and affidavits;
• conducting an examination for discovery or preparing the client to conduct one;
• preparing the client to attend and argue a legal matter in court;
• creating a small claims checklist for the client;
• completing one or more transactional steps in a matter;
• reviewing facts, identifying legal issues and specifying priorities for the client in advance of mediation or negotiation;
• conducting legal research for the client;
• representing the client in a bail application only;
• providing independent legal advice on a contract; and
• coaching the client in terms of strategies and tools to present their case effectively.

What Factors Should I Consider Before Taking on a Limited Scope Retainer?

A limited scope retainer is only appropriate where the tasks can be reasonably isolated and completed without prejudicing the client’s interests. Before taking on a limited scope retainer, you should consider whether:

• the client’s expectations are realistic for a limited scope retainer;
• the client is reasonably able to manage parts of the file independently, taking into account:
• the client’s organizational, language and literacy skills;
• the client’s mental and emotional health; and
• any disability the client may have.
• the client understands that if there has already been significant work done on the case, they will have to spend time and money briefing you on what has happened;
• the client understands the boundaries of your role;
• the legal matter is urgent and the nature of it is suitable for a limited scope retainer;
• the procedural requirements of the legal matter are suitable for a limited scope retainer;
• there are any existing orders or directions pertinent to the case;
• the task you are retained to do is straightforward and can be separated from the rest of the legal matter;
• you can reasonably complete the work without negatively impacting the client’s legal rights or overall position in the matter; and
• the limited scope retainer is fully within your area of expertise.

If you have any concerns about these considerations, the client’s case may not be appropriate for a limited scope retainer.

What are the Risks of a Limited Scope Retainer?

Limited scope retainers carry risks that both you and your client should consider and address. These risks include:

1. Misunderstandings About Your Role: Your client may believe that you are handling more of their legal matter than the retainer covers, leading to confusion and unmet expectations. In addition, if appearing before a court or tribunal, the court or tribunal and opposing parties may believe that you are the solicitor of record or represent the client for the entire case (see commentary 3 and 4 under section 3.2-1.A of the Code of Professional Conduct, as well as section 7.2-6.A).
2. Incomplete or Inaccurate Information: Because you only see part of the legal matter, the client may fail to give you all the necessary facts or documents. You may receive information that is inaccurate, misleading or incomplete which can affect the quality of your advice.
3. Case Complexity or Unpredictability: A matter that initially seems simple may develop into a more complex issue that cannot be reasonably handled on a limited basis.
4. Client Capacity or Ability to Self-Manage: If a client struggles to follow instructions, meet deadlines, complete remaining tasks or generally does not have the requisite capacity, their case may be negatively affected.
5. Communication Gaps: Your client’s limited contact with you can lead to missed updates, incomplete instructions or a misunderstanding about the next steps of their case.
6. Providing Advice Outside of the Limited Scope Retainer: Your client may seek additional help with issues outside of the limited scope retainer.

Am I Required to have a Written Limited Scope Retainer Agreement?

While you are not specifically required to have a written retainer agreement, the Code of Professional Conduct requires you to confirm your retainer in writing. Section 3.2-1.A states:

Before undertaking a limited scope retainer the lawyer must advise the client about the nature, extent and scope of the services that the lawyer can provide and must confirm in writing to the client as soon as practicable what services will be provided.

Written confirmation is required but, as in all matters, having a written retainer agreement is recommended. Preparing a written agreement and reviewing it with your client before you commence work on the matter helps you both understand the limitations and risks of the limited scope retainer. It will also reduce the risk of misunderstandings which could lead to an insurance claim or a complaint.

If new legal issues arise at any time or if additional work is required, you should either amend your retainer agreement or create a new one that reflects the additional services before proceeding to address these new issues or additional work. Without an amended or new agreement, the client may be left with the impression that your limited scope retainer no longer applies and that you represent them for their full legal matter. Like your original retainer agreement, the expanded or new retainer agreement should also be reviewed and signed by you and your client, and a copy provided to your client.

Always remember that a limited scope retainer agreement differs from your usual client-lawyer agreement because it is specifically for limited legal services rather than the entirety of a legal matter. Outside of your agreed role, the client is self-represented and therefore responsible for handling the rest of their case.

What Should I Include to Confirm my Limited Scope Retainer?

When confirming your retainer in writing, via retainer agreement or otherwise, you can use many of the clauses in your standard retainer agreement. You should also ensure that it includes the following details:

• an explanation of what is and, just as importantly, is not included in your legal representation;
• a termination clause;
• your client’s obligations as it relates to the rest of their legal matter;
• a section in which you outline which tasks are your client’s responsibility and which are yours;
• the risks and limitations of a limited scope retainer in general;
• a breakdown of the whole matter into a series of discrete tasks that you can explain to the client; and
• whether additional follow up questions specifically related to the scope of the agreement will be covered under your retainer or if additional charges would accrue.

Attached as Appendix A is a checklist that you may want to use when confirming your limited scope retainer in writing.

What are Some Best Practices?

Limited scope retainers carry many of the same risks as other retainers, so you should always take the same precautions when assessing your professional obligations, including those under the Code of Professional Conduct and the Law Society Rules. This includes complying with the quality of service provisions under section 3.2-1 of the Code of Professional Conduct. Many of the following best practices apply whenever you are retained by a client but may require careful consideration in the context of limited scope retainers.

Before you agree to be retained:

• Read the Code of Professional Conduct: You should read the Code of Professional Conduct, particularly the sections which address limited scope retainers.
• Make a Business Model: You should create a business model for your limited scope work which includes pricing policies for clients.
• Create a Written Retainer Agreement: You must confirm in writing the scope of the legal services you will provide your client in accordance with section 3.2-1.A of the Code of Professional Conduct so it is a good idea to prepare a retainer agreement that you will use for limited scope work in advance (see above).
• Identify the Client’s Needs: You should discuss with your client the legal issue, the client’s goals and what parts of the matter you will and will not handle.
• Confirm Expectations: Ensure your client’s expectations are aligned with yours.
• Assess Suitability: You should always assess the complexity of the legal matter and whether a limited scope is suitable for the client and their case.
• Assess Competency: You should assess whether the task you agree to take on is fully within your area of expertise. Keep in mind that you are required to provide services to the standard of a competent lawyer in accordance with section 3.1-2 of the Code of Professional Conduct.
• Clarify Who Handles Communication with Others: You should address how communications should be handled and which of you will communicate with others. If you are going to handle the communications, ensure your client understands that there could be a cost associated with your involvement.
• Discuss the Risks: You should discuss the inherent risks and consequences of limiting the representation, the risk with limited scope work and what the client’s role will be throughout the legal matter before you agree to be retained on a limited scope retainer.
• Do a Conflicts Check: As you normally would, you must ensure that you are not acting in a conflict in accordance with section 3.4-1 of the Code of Professional Conduct.

Throughout the Retainer:

• Maintain Client Communication: Although you should always maintain client communication, it is even more important in limited scope retainers because the client is responsible for a portion of their own case. Communication will help clarify the client’s responsibilities throughout the case, avoid disputes and promote client satisfaction.
• Identify Collateral Issues: If you identify additional problems or issues during execution of the limited scope retainer, you should inform your client and discuss whether you will be dealing with them and, if so, you should expand the scope of your retainer and confirm it in writing with your client.
• Qualify your Advice: It is important that you qualify your advice to ensure the client understands that the information or advice you give them is based solely on the information they provide to you. It is essential that the client understands that your advice could change with additional information. Without qualification, your client may not be able to make an informed decision about whether to expand the scope of the retainer.
• Provide Client Education: It is a good idea to provide the client with any necessary legal tools, handouts, checklists or general information that will help them understand the entire legal journey apart from their own responsibilities.
• Document Everything: As you should in all legal matters, you should take careful notes and keep records of your interactions with your client especially as they relate to your advice, the information you provide to your client, any instructions the client gives you, and any changes to the scope of your agreement to act for the client.

Completion of the Retainer:

• Confirm In Writing: Once you have finished the tasks you agreed to do, you should confirm in writing to your client that the retainer is complete.
• Provide Information to your Client: It is important to give the client a written summary of the advice you provided, next steps they need to complete, relevant legal issues the client still needs to address, and any deadlines or procedural requirements for their legal. By providing a written summary and identifying what your client still needs to do, you help ensure that the client has a reliable reference once your role is complete and hopefully avoid opening yourself to any negligence claims.
• Inform Others the Retainer has Ended: If the retainer involved a court or a tribunal appearance, ensure you have followed the necessary steps to withdraw in accordance with the applicable rules. It is also important to inform opposing parties that your involvement with the matter is complete.

Links:

Competence: Section 3.1-2 (Code of Professional Conduct)

Conflicts: Section 3.4 (Code of Professional Conduct)

Limited Scope Retainers: Section 3.2-1.A (Code of Professional Conduct)

Quality of Service: Section 3.2-1 (Code of Professional Conduct)

Communications: Section 7.2-6.A (Code of Professional Conduct)

Law Society Rules

Related Topics:

Honesty and Candor: Section 3.2-2 (Code of Professional Conduct)

Clients with Diminished Capacity

Conflicts of Interest

Withdrawal of Services

Reasonable Fees

Updating Practice Areas

Appendix A
Limited Scope Retainer Services Checklist

This checklist is intended to help outline and clarify the legal services that will be included in the limited scope retainer and can be used as a practical prompt when defining the scope of work. You should modify, expand or refine the list by adding any additional tasks that are appropriate based on the specific circumstances of the matter. The goal is to clearly establish which responsibilities will be handled by you as the lawyer and which will remain with the client, thereby ensuring there is a shared understanding of what is and is not included in the retainer, as well as what the client is and is not responsible for.

(Posted: 15 June 2026)