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Legal Ease
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Category: Canada Law
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Can a lawyer keep money in his trust account 3 years

Customer Question

Can a lawyer keep money in his trust account for almost 3 years because he wants to get paid out of that money. His charges are under dispute.
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.
Did you ever agree to this? Is he holding more than you allegedly owe? Why is this taking three years to resolve? What province are you in please?
Customer: replied 6 months ago.
NoYesBecause he has never obtained what we needed which is a statement of accounting for a will.In ontario
Customer: replied 6 months ago.
We were forced to get a lawyer because they refused to give any of the money. The lawyer received 50,000 and put it ih his trust account but there is a lot more and he says there is not. We need a financial accounting see what happened to the rest.
Expert:  Legal Ease replied 6 months ago.
So the lawyer is saying he is holding the money the estate sent through him to you to secure his legal fees?
Customer: replied 6 months ago.
Yes. His legal fees are in dispute. He did not do what he said he would AT ALL. He lied about what he said he would charge. And he knows there is a other 20000 he is doing nothing about until we five him more money. He has not worked for us. The 50000 he got easily at the very beging because it was 1/4 of a cottage. The rest of the estate he says has nothing ieft. We know there is more but have waited 3 years for him to get the information we need. Now he wants more money and will not give it up until he gets paid. This cannot go. The fee is 13000 now and climbing. So my question is this. Can he demand we pay him from our money that is in his trust account. By the way I am doing this for a friend on disability for life. He is very unwell and can't deal with it any more. These goings on are is affecting his health.
Expert:  Legal Ease replied 6 months ago.
You can and should demand the money held in trust. The lawyer has no legal right to keep it at all. None. If he refuses to release the funds then contact the Law Society of Upper Canada and they will assist you. It is not lawful for him to hold the funds and I am sure he knows that.
Customer: replied 6 months ago.
Can we have all the money. Even what he claims are his fees. We want to sispute his fees with his partners after we get paid.So can he take his fees out and give us what is left over.
Expert:  Legal Ease replied 6 months ago.
He may be able to take his fees out first. But you should have his fees assessed through the assessment process that is available to you. You may be too late to do so without special permission. Here is a link to that information:http://www.lsuc.on.ca/with.aspx?id=640

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