Conkie & Company v. Free Quincy Productions Ltd.,

Conkie & Company v. Free Quincy Productions Ltd.,

Given the client's repeated statements that she could not afford trial, an implied term entitled the solicitor to require a trial retainer; the $150,000 request was not unreasonable in context; the solicitor's refusal to continue without the retainer legitimately ended the retainer and she was entitled to be paid...

Source-derived case information.

Citation
2012 BCSC 33
Parties
Solicitor: Conkie & Company; Client: Free Quincy Productions Ltd.; Client: Purple Echo Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 January 2012
Procedural Posture
Legal Profession Act Review of Solicitor's Bills / Registrar Review and Reasons for Decision (bill Review Concluded by Judge)
Outcome
Solicitor entitled to payment for work done but billed fees substantially reduced on review; fair overall fee fixed at $75,000 plus taxes and disbursements; client awarded costs of the review in the usual course (parties may make submissions)
Legal Topics
Fee Review, Retainer Dispute, Security for Costs, Jurisdictional Challenge, Appeal
Source Language
english
Legal Profession Civil Litigation Contract Law Fee Review Retainer Dispute Security for Costs Jurisdictional Challenge Appeal

Source-derived case record

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Parties

Conkie & Company

Solicitor

Free Quincy Productions Ltd.

Client

Purple Echo Ltd.

Client

Procedural Posture

Legal Profession Act Review of Solicitor's Bills / Registrar Review and Reasons for Decision (bill Review Concluded by Judge)

Legal Issues

  1. 1 Whether solicitor was entitled to require a monetary trial retainer
  2. 2 Whether request for retainer constituted repudiation or anticipatory breach
  3. 3 Whether billed fees were excessive and should be reduced

Ratio Decidendi

Given the client's repeated statements that she could not afford trial, an implied term entitled the solicitor to require a trial retainer; the $150,000 request was not unreasonable in context; the solicitor's refusal to continue without the retainer legitimately ended the retainer and she was entitled to be paid for work to that point, but on review substantial reductions were warranted and a fair overall fee was fixed at $75,000 plus taxes and disbursements, with the appeal estimate limited to $11,000 for fees.

Court Disposition

Solicitor entitled to payment for work done but billed fees substantially reduced on review; fair overall fee fixed at $75,000 plus taxes and disbursements; client awarded costs of the review in the usual course (parties may make submissions)

Orders

  • Overall legal fees reduced to $75,000
  • Taxes and disbursements to be added to the $75,000 fee