In a review of a fee agreement, does a lawyer have to be responsible for the drafting of the agreement?
British Columbia, Canada
The following excerpt is from Finch v. Finch, 2001 BCSC 125 (CanLII):
In a review of a fee agreement, the onus is on the lawyer. The lawyer drafts the agreement. The lawyer is presumed to know the law and to know the factors the court will consider if a fee agreement is subsequently challenged. See O’Neill v. Kay (supra).
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