BARRISTERS AND SOLICITORS - Compensation - Agreement for fees - Measure of compensation

Law360 Canada ( January 5, 2022, 6:14 AM EST) -- Appeal by a lawyer from the Registrar's reduction of his accounts. The client retained the lawyer in relation to a medical negligence claim against several health care professionals who treated the client's mother. Mid-litigation, and with accumulating unpaid accounts, the lawyer and client negotiated a resolution of the monies outstanding by reducing the accounts. The resulting contract (the “variation agreement”) included a term barring the reduced accounts from the Registrar's review process. Pursuant to the variation agreement, the lawyer wrote off charges of $138,634 and reduced his hourly rate from $325 to $225. The client received independent legal advice before signing the variation agreement. Prior to the review, the client’s claim was dismissed as against four of 10 of the defendant physicians. Increased costs were ordered against the client for the lawyer’s conduct. Following a 15-day hearing, the Registrar reduced the accounts of $364,219 by $73,051....
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