What is the legal test for a solicitor who fails to reduce to writing the terms of his or her retainer?
Ontario, Canada
The following excerpt is from Rye and Partners v. 1041977 Ontario Inc., 2002 CanLII 11777 (ON SC):
It is trite law that where a solicitor fails to reduce to writing the terms of his or her retainer, and a dispute arises, there is a heavy onus on the solicitor to satisfy the count that his/her version of those terms is the correct one. The rationale underlying that principle is quite simple. The solicitor by virtue of his/her training, is in a better position to protect his or her interests. (Griffiths v. Evans, [1953] 2 All E.R. 1364).
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