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  6. Can I send written communications by email when forming an off-premises retainer with a consumer client?

Can I send written communications by email when forming an off-premises retainer with a consumer client?

I am aware of the client information I must provide under the Consumer Contracts Regulations when forming a retainer off-premises with a consumer. My client has requested that I send all written communications by email. Will this satisfy the Regulations?

This area of practice is subject to the Consumer Contracts Regulations 2013 (the Regulations).

If the statutory information is given in relation to an off-premises contract, under Regulation 10 it must be given on paper or, if the consumer agrees, on another 'durable medium' and must be legible.

A durable medium is defined in Regulation 5 as 'paper or email, or any other medium that:

  • allows information to be addressed personally to the recipient
  • enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and
  • allows the unchanged reproduction of the information stored.'

For further information, please see the Law Society's practice note on the Consumer Contracts Regulations 2013 and who owns the file?

Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

Have you got a practice question? Call the Practice Advice Service on 020 7320 5675 or email practiceadvice@lawsociety.org.uk

The Practice Advice Service is staffed Monday to Friday from 9am to 5pm.

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