What is the test for fairness and reasonableness of a solicitor client fee?
Alberta, Canada
The following excerpt is from L.C. v. Alberta (Metis Settlements Child & Family Services, Region 10), 2012 ABQB 394 (CanLII):
“Fairness” is described as relating to the process of negotiation of the fee agreement and the client’s understanding and appreciation of the agreement as negotiated, having regard to the potential results of the litigation and the skill and experience of the lawyer. It can be described as the “process” portion of the equation. “Reasonableness” relates to the amount of the fee, which requires an assessment of the factors described in the Johnson v. Georgia Highway case. That case is consistent with the principles on which solicitor client fees are reviewed in Alberta.
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