Is a lawyer required to perform a legal service before taking ownership of funds received in trust from a client?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Stevens, 2019 ONLSTH 41 (CanLII):
In Law Society of Upper Canada v. DioGuardi,[5] it was clearly held that “legal services must be performed (and billed) before taking ownership of funds received in trust from a client.”
In Anderson v. Law Society of Upper Canada,[6] the Appeal Panel held: “it is settled law that, generally, an executor should not pre-take compensation unless authorized to do so by the will.”
"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.
Other Questions
What are some cases where a lawyer who drafted a will negligently was found liable to a beneficiary who did not receive an inheritance because of the lawyer’s negligence? (Ontario, Canada)
In what circumstances will a solicitor be found to have misappropriated a client’s trust funds? (Ontario, Canada)
Is a doctor, lawyer or dentist permitted to take a list of his or her former clients with them to the office of the employer’s computer? (Ontario, Canada)
What is the impact of requiring all parties to fund litigation from their own funds? (Ontario, Canada)
When there is no express trust declared of the income of a trust fund, what is the effect of that statement of the law? (Ontario, Canada)
What are the consequences of a criminal conviction for a lawyer who falsely billed a client for services not rendered? (Ontario, Canada)
In what circumstances has the Licensee been found guilty of defrauding clients A and B using his licence to provide legal services? (Ontario, Canada)
Is there any duplication of legal services or duplication of costs for services in this appeal? (Ontario, Canada)
Can a self-represented litigant request a reduction in the amount of costs awarded by the Court of Appeal for performing the tasks that would normally have been performed by a lawyer? (Ontario, Canada)
What is the penalty for a lawyer who takes advantage of a client's vulnerability by charging fees that he has not properly disclosed? (Ontario, Canada)
