Lawyer Paid Fees Out of My Trust or Retainer Money
Note that a limited licensee may not accept retainer fees in advance. However, a limited licensee can still have you sign an engagement letter that outlines the services they will provide.
If you and your lawyer agree that the lawyer will act only if a retainer is paid in advance, the lawyer must:
- confirm the agreement with you in writing; and
- specify a payment date.
See section 3.6-9 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers for more information.
If you paid a retainer, the lawyer does not need your consent before they pay their invoice from the retainer. However, the lawyer must provide you with an invoice within three days of the withdrawal.
See Rule 1513 of the Law Society of Saskatchewan Rules for more information.
If you received an invoice and disagree with the amount, please see the Bill Too High pathway.
If you believe the lawyer inappropriately withdrew funds, including not providing an invoice within three days, or a limited licensee is requesting retainer fees in advance, submit a complaint.
Common Questions
The invoice should detail:
- the legal work completed;
- any disbursement fees; and
- identify the amount of funds withdrawn from trust and applied against the amount of the bill.
See Rule 1513(2) of the Law Society of Saskatchewan Rules for more information.
An invoice is delivered to a client if it is:
- mailed by regular or registered mail to the client at the client’s last known address;
- delivered personally to the client;
- emailed to the client at the client’s last known email address; or
- made available to the client by other means agreed to in writing by the client.
See Rule 1513(3) of the Law Society of Saskatchewan Rules for more information.