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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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Is it legal accused individuals previous lawyer to hold

Customer Question

Is it legal for an accused individuals previous lawyer to hold disclosure hostage (ie. Refuse transfer to new firm) until an unpaid invoice is covered. This seems highly unprofessional and potentially illegal from a first look.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Daniel Freudman replied 1 year ago.

This practice is not uncommon and it is actually legal pursuant to the Nova Scotia rules that govern lawyers. Specifically, Rule 11.13 deals with this issue (known as a "solicitor's lien), and states:

11.13 Where upon the discharge or withdrawal of the lawyer the question of a right of lien for unpaid fees and disbursements arises, the lawyer has a duty to duly regard the effect of its enforcement upon the client's position. Generally speaking, the lawyer has a duty not to enforce the lien if enforcement of the lien would materially prejudice the client's position in any uncompleted matter. A lawyer does not have a right of lien on a client's property entrusted to the lawyer in one matter with respect to unpaid fees or disbursements in another matter.

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Expert:  Daniel Freudman replied 1 year ago.

So although it is a strict action by the previous lawyer, it is permissible. Hopefully that answers your question.

Expert:  Daniel Freudman replied 1 year ago.
Hopefully my answer was of assistance. Would you kindly provide me with a positive rating so o can receive payment for my services. Thank you.
Expert:  Daniel Freudman replied 1 year ago.

Sorry to bother you but would you kindly provide me with a positive rating so I can receive payment for my services. Thank you very much.

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