Francis v. Mullen

Francis v. Mullen

Because there was no written fee agreement and the solicitor failed to inform the clients of hourly billing and did not advise them of the extent to which the original $1,800 estimate would be exceeded, the registrar applied s.71 factors and concluded parts of the billed time and fees were excessive; therefore...

Source-derived case information.

Citation
2009 BCSC 341
Parties
Client: James Francis and Corinne Francis; Solicitor: William R. Mullen of W. R. Mullen Law Corp.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 March 2009
Procedural Posture
Review Under S.70 of the Legal Profession Act / Registrar Review / Reasons for Decision by District Registrar Bouck
Outcome
Partial allowance of solicitor's bills with reductions; costs awarded to clients; interest and set-off directions given
Legal Topics
Fee Review, Quantum Meruit, Retainer Agreement, Client Communication and Disclosure, Set Off, Interest on Court Ordered Amounts
Source Language
english
Legal Profession Regulation Conveyancing Legal Ethics Costs and Taxation Fee Review Quantum Meruit Retainer Agreement Client Communication and Disclosure +2 more

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Parties

James Francis and Corinne Francis

Client

William R. Mullen of W. R. Mullen Law Corp.

Solicitor

Procedural Posture

Review Under S.70 of the Legal Profession Act / Registrar Review / Reasons for Decision by District Registrar Bouck

Legal Issues

  1. 1 Whether the solicitor's fees were reasonable under s.71 of the Legal Profession Act
  2. 2 Whether the solicitor breached the duty to inform clients about billing method and the likely extent of fees
  3. 3 Whether time charged was excessive for conveyancing work

Ratio Decidendi

Because there was no written fee agreement and the solicitor failed to inform the clients of hourly billing and did not advise them of the extent to which the original $1,800 estimate would be exceeded, the registrar applied s.71 factors and concluded parts of the billed time and fees were excessive; therefore specific reductions were required, costs of $750 awarded to the clients, allowed fees and interest specified, and monies to be set off against refunds as provided by s.73 and s.74 of the Act.

Court Disposition

Partial allowance of solicitor's bills with reductions; costs awarded to clients; interest and set-off directions given

Orders

  • April 3, 2008 bill (Account #7478) allowed in full at $1,269.94
  • April 3, 2008 bill (Account #7479) reduced by $2,112.77 and allowed at $2,875.84