Counsel for the former firm argues that this is as clear a termination of the engagement as once could find. This is important because the case law draws a distinction between when a former solicitor can legitimately assert a lien over the client’s file and when he can’t, based upon “who fired whom”. See Collison v. Hurst [1946] O.W.N. 699 (Ontario C.A.). Simplistically put, if the former solicitor terminated the professional relationship, he cannot assert a lien. If the client is the one who terminated the relationship, the former solicitor may assert a lien. The rationale for the rule appears to be to protect solicitors from capricious clients who end retainers for no valid reason.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.