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The B.C. Court of Appeal recently found that “...it is the solicitor’s duty to “disabuse a client of any subjective misapprehension the client may have as to how fees may be charged” and if the solicitor fails to discharge that duty, he or she should be estopped from charging a fee on a basis other than the basis understood by the client.” In Nathanson, Schachter & Thompson v. Inmet Mining Corp., 2009 BCCA 385, the court refused to allows the firms’ request for fees of some $10 million, in addition to the $5.2 million already paid. The parties had not entered into any written retainer agreement and as a result, the primary issue in the litigation was whether the law firm had charged a “fair fee.” The Canadian Lawyers Insurance Association provides loss prevention information solely for the benefit of CLIA insured lawyers. The content and links provided in Loss Prevention eBytes are intended as resources to qualified lawyers who should exercise due care and their professional judgment in adapting or making use of any content.
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