FH&P Lawyers v. Loss-Wells

FH&P Lawyers v. Loss-Wells

Where a lawyer performs services at a client's request but no written fee agreement exists, the lawyer is entitled to recover a fair fee on a quantum meruit basis by applying the s.71(4) factors; applying those factors here the registrar reduced recorded time to 7 hours at $150/hr to assess fees of $1,050, reduced disbursements and photocopying, adjusted taxes and awarded the client costs of the review of $500, with interest to be added from the bill date under the Court Order Interest Act.

Citation
2012 BCSC 5
Parties
Solicitor: Dylan Switzer; Law Firm: FH&P Lawyers; Client: Leisha Loss-Wells
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 January 2012
Procedural Posture
Review of Lawyer's Bill Under the Legal Profession Act / Registrar Review and Reasons for Decision (final)
Outcome
Registrar allowed recovery on a quantum meruit/fair fee basis and reduced the account; costs awarded to the client; interest to be added from bill delivery date; solicitor to prepare certificate.
Legal Topics
Quantum Meruit, Fee Review Under Legal Profession Act S.71(4), Contingency Fee Agreements, Wrongful Dismissal Advice, Costs and Interest Under Legal Profession Act
Source Language
English
Professional Regulation Legal Fees Employment Law Administrative Law Quantum Meruit Fee Review Under Legal Profession Act S.71(4) Contingency Fee Agreements Wrongful Dismissal Advice +1 more

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Parties

Dylan Switzer

Solicitor

FH&P Lawyers

Law Firm

Leisha Loss-Wells

Client

Procedural Posture

Review of Lawyer's Bill Under the Legal Profession Act / Registrar Review and Reasons for Decision (final)

Legal Issues

  1. 1 Whether a binding retainer was formed
  2. 2 Whether lawyer is entitled to recover on quantum meruit in absence of written fee agreement
  3. 3 How to assess a fair fee under s.71(4) of the Legal Profession Act

Ratio Decidendi

Where a lawyer performs services at a client's request but no written fee agreement exists, the lawyer is entitled to recover a fair fee on a quantum meruit basis by applying the s.71(4) factors; applying those factors here the registrar reduced recorded time to 7 hours at $150/hr to assess fees of $1,050, reduced disbursements and photocopying, adjusted taxes and awarded the client costs of the review of $500, with interest to be added from the bill date under the Court Order Interest Act.

Court Disposition

Registrar allowed recovery on a quantum meruit/fair fee basis and reduced the account; costs awarded to the client; interest to be added from bill delivery date; solicitor to prepare certificate.

Orders

  • Fees assessed at $1,050.00
  • Photocopying/disbursements reduced to $17.50