What is the test for a solicitor’s lien?
British Columbia, Canada
The following excerpt is from FitzGibbon v. Ma, 2011 BCSC 1854 (CanLII):
The law firm argues that the court should grant it a solicitor’s lien as it satisfies all three parts of the test to be applied as outlined in Chouinard v. I.C.B.C. et al, 2002 BCSC 655 at para.10: 1. the solicitor was retained on the matter; 2. the solicitor will not be paid unless a lien is granted; and 3. the property was recovered or preserved as a result of the solicitor's work in the proceeding.
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