OCA confirms lawyers’ duty to communicate terms of retainer clearly

Gary Boyd says circumstances can’t change the plain meaning of a contract

By Julius Melnitzer | October 31, 2022

In siding with two law firms’ interpretation of a retainer agreement, the Ontario Court of Appeal has confirmed lawyers’ duty to communicate the agreement’s terms to their clients clearly.

“If there is any ambiguity in a solicitor-client retainer, it is to be construed against the drafter – that is, the lawyer,” wrote a unanimous panel in Boudreau v. Lavery, De Billy LLP.

According to Robert Schipper, a Toronto sole practitioner who represents lawyers in matters involving legal fees, interpretation of retainer agreements, costs and limitation periods, Boudreau represents Ontario courts’ strongest statement of this principle.

“Other cases have cited this proposition, but never as clearly as the court did in this case.” READ MORE

Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or https://legalwriter.net/contact.


Court analyzes exceptional circumstances or awarding premium costs on contingency fees

Case a reminder law firms must have comprehensive conflict systems

The Case Doctor: a new legal species

Litigation-help.com gives hope to unrepresented litigants

The current mess of class action carriage motions

Social Media Auto Publish Powered By : XYZScripts.com