McGreevy v. Keeping

McGreevy v. Keeping

Registrar found there was no meeting of the minds on an hourly retainer, the solicitor failed to prove the client agreed to be billed hourly, and therefore the solicitor was not entitled to any fees; costs of the review awarded to the client under s.72 with solicitor liable to pay at Scale 3.

Citation
2002 BCSC 167
Parties
Solicitor: John D. McGreevy; Client: Jeanette Keeping
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 February 2002
Procedural Posture
Bill Review Under Legal Profession Act / District Registrar Review Decision
Outcome
Solicitor's account disallowed; solicitor not entitled to any fee for the work; client awarded costs of the review; solicitor to pay costs at Scale 3.
Legal Topics
Fee Dispute, Retainer Agreement, Contingency Fee, Capacity to Instruct, Costs Allocation
Source Language
English
Legal Profession Solicitor Client Law Contract Law Fee Dispute Retainer Agreement Contingency Fee Capacity to Instruct Costs Allocation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

John D. McGreevy

Solicitor

Jeanette Keeping

Client

Procedural Posture

Bill Review Under Legal Profession Act / District Registrar Review Decision

Legal Issues

  1. 1 Whether an hourly retainer existed between solicitor and client
  2. 2 Whether solicitor is entitled to recover fees in absence of a proven retainer
  3. 3 Whether solicitor complied with obligation to reduce retainer terms to writing given client's capacity concerns

Ratio Decidendi

Registrar found there was no meeting of the minds on an hourly retainer, the solicitor failed to prove the client agreed to be billed hourly, and therefore the solicitor was not entitled to any fees; costs of the review awarded to the client under s.72 with solicitor liable to pay at Scale 3.

Court Disposition

Solicitor's account disallowed; solicitor not entitled to any fee for the work; client awarded costs of the review; solicitor to pay costs at Scale 3.

Orders

  • Solicitor is not entitled to any payment for the services in this matter and the account is disallowed
  • Solicitor must pay the client's costs of the review