Does a solicitor have a right to withdraw services?

Alberta, Canada


The following excerpt is from Chagpar v. Minsos & Co., 1999 ABQB 905 (CanLII):

In this regard Madam Justice Southin in Ladner Downs v. Crowley [1987] 5 WWR 332, (B.C.C.A.) considered the historical relationship between solicitor and client and the rules regarding the ability of a solicitor to withdraw services and concluded at 341 that by the end of the 19th century it was an established rule that where a solicitor has terminated the contract of retainer without cause, he could not recover any fee at all. The inverse of this proposition is that a Solicitor does have a right to withdraw services and to charge a fee for the services rendered, where the withdrawal is just and reasonable.

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