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FAQs

My lawyer took my case on a contingency basis where he is to receive 25% of the settlement. When I picked up my settlement proceeds, he has kept 25% of the entire settlement and in addition, has claimed all of the disbursements plus HST Is this proper?

He has also kept all of the costs that were obtained in the settlement.

It depends on the wording of the retainer agreement and any further agreement signed by the client. There are specific requirements for contingency fee agreements and the level of disclosure, including sample calculations, that are to be provided to the client. The legislation stipulates that costs belong to a client and that a lawyer cannot keep all of the costs. The contingency fee agreement and what it permits and does not permit must be carefully reviewed and it must be determine whether the contingency fee agreement is valid. 

 

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43 Queen Street West, Brampton, ON, Canada L6Y 1L9
Telephone: 905.451.3040 Fax: 905.451.5058 Email: lls@lawrences.com

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