Is a client entitled to a retainer for their services on the appeal?
British Columbia, Canada
The following excerpt is from Long v. Sawchuk, 2001 BCSC 1209 (CanLII):
The client takes the position that, the solicitors having adduced inconsistent evidence as to the fee agreement for the appeal, the court is entitled to find that they have not established any retainer for their services on the appeal. She cites Chetwynd-Palmer v. Spinnakers [1993] B.C.J. No. 95 (S.C.), a decision on a motion for non-suit. I do not accept the client’s position. The evidence is clear that the client retained the solicitors for the appeal and there is no basis upon which to conclude that she did not expect to pay for their services. What is not clear is whether there was an agreement concluded as to the basis upon which their fees would be fixed.
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