FLEMING v FLEMING, 2020 ABQB 85
10.10: Time limitation on reviewing retainer agreements and charges
10.11: Who may request review of lawyer’s charges
After their matrimonial property was divided, a former wife challenged, among other expenses, the quantum of legal fees and disbursements incurred by her former husband and charged against the proceeds of certain lands that had been divided and sold.
The husband argued that the wife was barred from challenging the legal fees pursuant to Rule 10.10(2), which requires that a lawyer’s charges be reviewed within 6 months of the date of the account being sent to the client. Lema J. agreed that the challenge was out of time, as more than 6 months had gone by since the account was issued. His Lordship also commented that under Rule 10.11, both the former husband and wife were considered “clients” entitled to have the account reviewed pursuant to Rule 10.10 because they were each liable to pay the lawyer’s charges.View CanLII Details