Final answer:
Whether a client's request to change the legal use of a property under a joint retainer agreement constitutes a new retainer depends on whether the request falls inside or outside the scope of the original agreement. A significant change may necessitate a new retainer, while a minor change may not.
Step-by-step explanation:
If a client in a joint retainer asks a lawyer to change the legal use of the property they are purchasing, it may or may not be considered a new retainer. The determination of whether it is a new retainer depends on the scope of representation outlined in the original retainer agreement. If the requested change in legal use falls within the scope of the original agreement, it may not require a new retainer. However, if the request significantly alters the scope of legal services or introduces new legal issues that were not contemplated in the original agreement, then it could likely be considered a new retainer.
When lawyers are retained for a joint retainer, they are typically engaged to act for two or more clients in the same matter. The particulars of this are detailed in the retainer agreement, which defines the terms and extent of the lawyer's representation. When the scope of the representation is expanded or fundamentally altered, it usually necessitates an update to the retainer agreement or potentially entering into a new one, to ensure that the lawyer's duties and the clients' expectations are clearly defined and agreed upon.