Yes, Unpaid Legal Fees
When the client relationship ends, the lawyer or limited licensee must:
- account for all trust funds and property on hand or previously dealt with
- issue an invoice for outstanding services
A lawyer or limited licensee has the right to hold onto any property belonging to the client until an account is paid. This includes the client’s file. This is referred to as a solicitor’s lien.
The lawyer or limited licensee:
- should make every effort to settle the outstanding account with the client
- should not enforce a solicitor’s lien if doing so would ‘materially prejudice’ the client’s position in a pending matter. Examples include a pending deadline like a court date, closing date or limitation period. See Common Questions below for more information about ‘material prejudice’
See sections 3.7-8 to 3.7-10 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
Do you believe you would be materially prejudiced in an upcoming matter?
Common Questions
What counts as ‘material prejudice’ will depend on the circumstances of the particular matter, including any pending deadlines like a court date, closing date or limitation period. Another example might be that the court may order the delivery of documents held under a solicitor’s lien in order to prevent harm to, and protect the best interests of, children affected by a divorce proceeding.
If you disagree with the amount of a lawyer’s bill, see the Changes To or Information About My Bill pathway for more information.