William T. Clarke Law Corp. v. G.E.G.P.

William T. Clarke Law Corp. v. G.E.G.P.

Registrar found client misinterpreted retainer; lawyer's delay in billing and limited substantive advice warranted reduction in fees; much work was clerical or unnecessary reviewing; hourly rate acceptable; reduced professional fees to $2,000 plus taxes and disbursements, allowed interest on outstanding balance at the contractual rate, and awarded costs to the client because reduction exceeded one-sixth of the bill.

Citation
2010 BCSC 896
Parties
Law Firm: William T. Clarke Law Corporation; Client: G.E.G.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 June 2010
Procedural Posture
Bill Review Under Legal Profession Act / Registrar (master) Review of Lawyer's Bill
Outcome
Registrar reduced the lawyer's fee, allowed interest on the outstanding balance, awarded costs to the client and ordered a certificate to be prepared for signature.
Legal Topics
Retainer Interpretation, Fee Assessment and Reasonableness, Jurisdiction/choice of Forum, Adequacy of Legal Advice, Solicitor Client Communication, Interest and Costs on Reviewed Bill
Source Language
English
Family Law Professional Regulation Legal Ethics Costs and Billing Retainer Interpretation Fee Assessment and Reasonableness Jurisdiction/choice of Forum Adequacy of Legal Advice +2 more

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Parties

William T. Clarke Law Corporation

Law Firm

G.E.G.P.

Client

Procedural Posture

Bill Review Under Legal Profession Act / Registrar (master) Review of Lawyer's Bill

Legal Issues

  1. 1 Whether the retainer limited the lawyer's fees to the initial $2,000
  2. 2 Whether counsel should have advised on choice of jurisdiction (BC v Ontario)
  3. 3 Whether substantive legal advice was provided and adequate

Ratio Decidendi

Registrar found client misinterpreted retainer; lawyer's delay in billing and limited substantive advice warranted reduction in fees; much work was clerical or unnecessary reviewing; hourly rate acceptable; reduced professional fees to $2,000 plus taxes and disbursements, allowed interest on outstanding balance at the contractual rate, and awarded costs to the client because reduction exceeded one-sixth of the bill.

Court Disposition

Registrar reduced the lawyer's fee, allowed interest on the outstanding balance, awarded costs to the client and ordered a certificate to be prepared for signature.

Orders

  • Fee reduced from $2,725 to $2,000 plus applicable taxes (GST $100 and PST $140) and disbursements
  • Total charges assessed at $2,785.55