Is a solicitor entitled to a charging order where the property was preserved or recovered while he or she was acting on the client's behalf?
Ontario, Canada
The following excerpt is from Anjum v. Doe, 2018 ONSC 4344 (CanLII):
When a solicitor is discharged by the client, the solicitor is entitled to a charging order where the property was preserved or recovered while he or she was acting on the client’s behalf: Clover v. Adams (1881), 6 Q.B.D. 622; Re Wadsworth (1885), 29 Ch.D. 517. In Re Wadsworth, supra at 520, Kay J. notes that it would be unfair to deny a charging order in the case of a solicitor who prepares a whole case down to the moment of trial, is then discharged and the client succeeds as a result of the former solicitor’s efforts.
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