Can a lawyer be held to an agreement that limits their fees where they have agreed to a contract on the basis of a fixed fee?
British Columbia, Canada
The following excerpt is from Mitroi v. Epstein, 2015 BCSC 1946 (CanLII):
Lawyers will be held to agreements that limit their fees where they have agreed to a contract on the basis of a fixed fee. See Conkie & Company v. Free Quincy Productions Ltd, 2012 BCSC 33 at para. 103. The onus to prove such an agreement rests on the client. In the present case, I find no such agreement existed.
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