Is a lawyer entitled to recover for services rendered on a quantum meruit basis if the contingency fee agreement under review is terminated?
British Columbia, Canada
The following excerpt is from Pierce, Van Loon v. Sinkovits, 1997 CanLII 2244 (BC SC):
The judge noted that the contingency fee agreement under review contained no provision for an alternate method of payment in the event of termination of the agreement prior to the resolution of the litigation through trial or settlement. Dohm, J. found that the lawyer was entitled to recover for services rendered on a quantum meruit basis, and that the principles to be applied were those expressed in the case of Yule v. City of Saskatoon (1955), 1955 CanLII 217 (SK CA), 17 W.W.R. 296 at 299.
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