Can solicitors charge bonus fees for success in litigation?

British Columbia, Canada


The following excerpt is from Nathanson, Schachter & Thompson v. Whitney, 1994 CanLII 758 (BC CA):

43 Southin J.A. expressed her conclusions this way: In my opinion, solicitors deprive themselves of the benefit of the entire contract principle if they do not inform the client of their claiming the right to charge a bonus while at the same time asserting a right to retain the fees paid through the course of litigation in the event of failure. There is no right, in the absence of express agreement, to charge for success as if it were a stand alone foundation for remuneration. Yule v. Saskatoon was a case of solicitors sending a single bill after the fulfilment of their retainer. In other words, the solicitors conducted themselves on the footing of an entire contract.

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