Pattinson v. Derek C. Creighton Law

Pattinson v. Derek C. Creighton Law

Registrar concluded client had capacity and adequate opportunity to understand the 30% contingency agreement, no hybrid arrangement existed, independent legal advice was not required in the circumstances, the 30% rate was reasonable given the complexity and risk, and the solicitor's account was reasonable and therefore the agreement was confirmed and the account allowed in full.

Citation
2003 BCSC 970
Parties
Client: Glenn S. Pattinson; Solicitor: Derek C. Creighton Law Corporation; Solicitor: Derek C. Creighton
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 June 2003
Procedural Posture
Fee Agreement Examination Under the Legal Profession Act / Registrar Examination and Review of Account; Reasons for Decision
Outcome
Contingency fee agreement confirmed; solicitor's account allowed in full; solicitor entitled to costs and interest.
Legal Topics
Contingency Fee Agreement, Fee Review, Capacity to Contract, Independent Legal Advice, Commutation of Pension, Registrar Examination
Source Language
English
Legal Profession Administrative Law Workers' Compensation Contingency Fee Agreement Fee Review Capacity to Contract Independent Legal Advice Commutation of Pension +1 more

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Parties

Glenn S. Pattinson

Client

Derek C. Creighton Law Corporation

Solicitor

Derek C. Creighton

Solicitor

Procedural Posture

Fee Agreement Examination Under the Legal Profession Act / Registrar Examination and Review of Account; Reasons for Decision

Legal Issues

  1. 1 Whether the contingency fee agreement was fair at the time it was entered into
  2. 2 Whether the 30% contingency fee was reasonable
  3. 3 Whether the client had capacity to understand and appreciate the agreement

Ratio Decidendi

Registrar concluded client had capacity and adequate opportunity to understand the 30% contingency agreement, no hybrid arrangement existed, independent legal advice was not required in the circumstances, the 30% rate was reasonable given the complexity and risk, and the solicitor's account was reasonable and therefore the agreement was confirmed and the account allowed in full.

Court Disposition

Contingency fee agreement confirmed; solicitor's account allowed in full; solicitor entitled to costs and interest.

Orders

  • Contingency fee agreement confirmed under s.68 of the Legal Profession Act
  • Account of solicitor allowed in full in the amount billed ($50,768.92)