What is the legal test for an agreement between a lawyer and the client?
British Columbia, Canada
The following excerpt is from Kirk v. Dawe, 2009 BCSC 1343 (CanLII):
In this case, and where the lawyer says there is an agreement between the lawyer and the client, the onus is on the lawyer to show that no advantage was taken of the client, that the transaction was fair, that the client was fully informed and that the client had competent independent legal advice or was not disadvantaged by its absence. The onus is on the lawyer to establish clearly the terms of any agreement. (Reid v. Graybriar Industries Ltd., 2006 ABQB 519).
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