Mowatt v. McCarthy Law Office

Mowatt v. McCarthy Law Office

The adjudicator found the hourly rate charged was high for counsel called in 2010 and that a reduction was warranted because the lawyer could not complete the retainer due to suspension; applying the reasonableness principle the accounts totaling $2,511.92 were reduced by $600.00 plus HST of $90.00 for a refund of $690.00 and the taxed amount was $1,821.92.

Citation
2016 NSSM 58
Parties
Applicant (client): Marcus Mowatt; Respondent (lawyers): McCarthy Law Office
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
29 November 2016
Procedural Posture
Taxation / Decision
Outcome
Accounts taxed with reduction; partial refund ordered.
Legal Topics
Taxation of Legal Fees, Retainer Agreements, Reasonableness of Fees, Fee Refund
Source Language
English
Legal Fees Professional Responsibility Civil Procedure Taxation of Legal Fees Retainer Agreements Reasonableness of Fees Fee Refund

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Parties

Marcus Mowatt

Applicant (client)

McCarthy Law Office

Respondent (lawyers)

Procedural Posture

Taxation / Decision

Legal Issues

  1. 1 Whether the fees charged were reasonable
  2. 2 Whether a reduction is warranted because counsel could not complete the retainer due to suspension
  3. 3 Appropriate hourly rate for the lawyer given experience and local market

Ratio Decidendi

The adjudicator found the hourly rate charged was high for counsel called in 2010 and that a reduction was warranted because the lawyer could not complete the retainer due to suspension; applying the reasonableness principle the accounts totaling $2,511.92 were reduced by $600.00 plus HST of $90.00 for a refund of $690.00 and the taxed amount was $1,821.92.

Court Disposition

Accounts taxed with reduction; partial refund ordered.

Orders

  • Accounts totalling $2,511.92 reduced by fees of $600.00 and HST of $90.00 to be refunded to the Client
  • Firm's bills taxed at $1,821.92