Brian Bailey and Associates v. D.M.C.

Brian Bailey and Associates v. D.M.C.

The adjudicator held the signed retainer specifying $400/hr governed the solicitor-client relationship, the work performed was necessary and reasonable, the earlier estimate was non-binding, and the Nova Scotia Barristers' Society found no professional breach; accordingly the account was taxable and the client's counterclaim dismissed.

Citation
2010 NSSM 72
Parties
Applicant (solicitors): Brian Bailey and Associates; Respondent (client): D. M. C.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 October 2010
Procedural Posture
Small Claims Court Taxation / Taxation Decision
Outcome
Account taxed in favour of solicitors; client's defence and counterclaim dismissed.
Legal Topics
Retainer Agreement, Reasonableness of Legal Fees, Taxation of Solicitor's Account, Client Complaints to Law Society, Delegation to Associate
Source Language
English
Family Law Legal Fees and Taxation Professional Conduct of Lawyers Civil Procedure Retainer Agreement Reasonableness of Legal Fees Taxation of Solicitor's Account Client Complaints to Law Society +1 more

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Parties

Brian Bailey and Associates

Applicant (solicitors)

D. M. C.

Respondent (client)

Procedural Posture

Small Claims Court Taxation / Taxation Decision

Legal Issues

  1. 1 Whether the written retainer at $400/hr was binding
  2. 2 Whether the fees charged were reasonable and subject to reduction on taxation
  3. 3 Whether the solicitor failed to perform services allegedly promised

Ratio Decidendi

The adjudicator held the signed retainer specifying $400/hr governed the solicitor-client relationship, the work performed was necessary and reasonable, the earlier estimate was non-binding, and the Nova Scotia Barristers' Society found no professional breach; accordingly the account was taxable and the client's counterclaim dismissed.

Court Disposition

Account taxed in favour of solicitors; client's defence and counterclaim dismissed.

Orders

  • Account taxed at $15,636.88
  • Balance outstanding $5,636.88 confirmed; client's counterclaim dismissed