Which statement best reflects the principle about retainers regarding performance under the law?

• A. The retainer must be profitable for the firm.
• B. The retainer must be approved by the Law Society.
• C. The retainer must be notarized.
• D. Accepts only retainers that are capable of performance under the law.

Answer: (D)

A lawyer should only take on a retainer if the firm can actually perform the work within the bounds of the law. This reflects the obligation to provide competent, lawful representation and to avoid promising or pursuing outcomes that are impossible or prohibited. If the retainer asks for actions that cannot be legally done, or if the firm cannot fulfill the engagement within legal constraints, it’s better not to accept it.

That’s why the statement about accepting only retainers capable of performance under the law is the best fit. The other options aren’t required conditions for a retainer: profitability for the firm, approval by the Law Society, or notarization of the retainer do not govern whether a retainer should be accepted.